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2015 (2) TMI 613 - AT - Service TaxLevy of service tax - Reverse Charge Mechanism - Penalty u/s 76 & 78 - notification no.36/2004 dated 31.12.2004 - Held that:- In view of the notification published in the Gazette of the Central Government on 31.12.2004 and made effective from 1.1.2005, no tax can be demanded from the appellant assessee on reverse charge basis prior to 1.1.2005. We further observe that such payment made by appellant as receiver of service to its agent like gift, foreign trip as well as cash prizes, which are in nature of incentive, shall not form part of gross value of the taxable service. - Decided in favour of assessee.
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