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2017 (6) TMI 221 - AT - Service TaxPenalties - valuation - Commission Agent Service - bargain discounts given to the dealers - includibility - Held that: - Commission Agent Service was incorporated in Business Auxiliary Service from 01.07.2003 and remained exempted from 01.07.2003 to 08.07.2004. Considering the fact that the exemption from service tax had just been removed on the commission agent service in July, 2004 and the appellants were paying income tax on the basis of net commission fee after deducting bargain discounts, plea of bonafide belief appears to be convincing. Their bonafides are also strengthened by the fact they paid entire short levy much before the issuance of show cause notice. In the absence of evidence or basis of suppression on the part of the appellant in the revision order and there being no such finding in the Order-in-Original imposition of penalty on the appellant is not justified - appeal allowed - decided in favor of appellant.
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