Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
The tribunal held that service tax under reverse charge mechanism is not leviable on commission paid to directors treated as salary in the company's books of accounts and subjected to TDS deduction under Income Tax Act. As per Section 65B(44)(b) of Finance Act, 1994, services by an employee to employer in the course of employment do not constitute 'service'. The directors are employees of the company and the commission paid is for services rendered in their employment capacity, not liable to service tax. The treatment of commission as salary in books, TDS deduction, and CBEC Circular No. 115/9/2009-ST dated 31.07.2009 further support the position that such commission is not taxable as Business Auxiliary Service. Consequently, the demand for service tax was set aside by the appellate tribunal.
The tribunal held that service tax under reverse charge mechanism is not leviable on commission paid to directors treated as salary in the company's books of accounts and subjected to TDS deduction under Income Tax Act. As per Section 65B(44)(b) of Finance Act, 1994, services by an employee to employer in the course of employment do not constitute 'service'. The directors are employees of the company and the commission paid is for services rendered in their employment capacity, not liable to service tax. The treatment of commission as salary in books, TDS deduction, and CBEC Circular No. 115/9/2009-ST dated 31.07.2009 further support the position that such commission is not taxable as Business Auxiliary Service. Consequently, the demand for service tax was set aside by the appellate tribunal.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4782
Join Channel
TaxTMI 
