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2013 (11) TMI 452 - AT - Service TaxValuation - inclusion u/s 67 - Cenvat Credit - Duty payment documents - Whether the amounts paid towards advertisement charges to the media houses by M/s DIL but routed through the petitioner, must be included in the gross taxable value attributable to receipts by the petitioner for the taxable advertisement agency service, under Section 67 of the Finance Act 1994 - Held that:- total amount, which is described as the gross amount spent by the clients for such services is chargeable to tax except to the extent of the actual charges for advertisements charged by the media, since that component is clearly not rendered by the advertising agency; and that amount is simply a consideration paid to the print or electronic media, as the case may be, for providing /flashing advertisements through that medium. In fact the Board’s circular dated 31st October 1996 also clarifies this issue and to the same effect. In so far as the Cenvat credit availed by the petitioner is concerned, the 2004 Rules do not specify that invoices must on the registered office of the claimant - Following decision of ADWISE ADVERTISING PVT. LTD. Versus UNION OF INDIA [2001 (3) TMI 1 - HIGH COURT (MADRAS)] - stay granted.
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