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2018 (2) TMI 1680 - AT - Service TaxBusiness Auxiliary Services - consideration received as a percentage of commission for the services rendered to ICICI Bank - Revenue entertained a view that the appellants provided taxable service under the category of Business Auxiliary Service during the period 01/07/2003 to 31/03/2005 - Held that: - we have no doubt that the appellant did market the services provided by the client bank. It will not be correct to state that the appellant only provided operational assistance in such marketing. No such words were used in the terms of the agreement and in fact the agreement directly refers to the appellant as a service provider “to mark its products (ICICI Bank)” - the appellants are in fact engaged in promotion and marketing activity of the financial products of the client bank. Time limitation - penalty - Held that: - due to non-payment of tax and non-filing of returns, the Original Authority held against the appellant both on limitation and penalties - time limitation not invocable. Appeal allowed in part.
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