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Issue ID: 106245
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Service Tax on Discount/Incentive received.

Date 17 Nov 2013
Replies 3 Replies
Views 1702 Views
Service tax on trade incentives: characterization as taxable service depends on principal to principal trading or agency and negative list treatment.
Whether incentives, discounts or commission received by a partnership firm from suppliers or manufacturers attract service tax as a taxable service under Business Auxiliary Services depends on characterization: payments linked to principal to principal trading are not services, whereas payments tied to an agency relationship may be taxable; trading activity exemptions under the negative list support non taxability of discounts and incentives integral to sale of goods. (AI Summary)

If one Partnership firm, is receiving incentive and disounts from various suppliers/manufacturers for acheving certain targets or eceives eraly payment Incentive or Trade discount or Rate diffrence, will the said firm is liable to Pay Service tax on such incentive/discounts under "Buisness Auxillary Services". Will the veiw will change after the applicability of Negative list method.

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Replied on Nov 18, 2013
1.

Please check Section 66E in this regard.

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Replied on Nov 18, 2013
2.

If incentive received is on account of trading on principal to principal basis , no service tax would be leviable as no service is involved. if targets incentives are given on principal to agent basis , tax would be payable..

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Replied on Dec 4, 2013
3.

Discount, commission or incentive received in relation sale of goods is a part of trading activity which is exempted from service tax.

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