Business expenditure deduction requires proof of genuine commission payments and commercial allowability; turnover growth alone cannot validate the cl...
Article 8 treaty coverage excluded third-party airline support services, while documented demonetisation cash receipts remained accepted business inco...
Functional comparability under TNMM requires highway contract benchmarks to reflect operation, maintenance and transfer activities, requiring fresh be...
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The appellant, a customs house agent (CHA), collected reimbursement charges from clients for services availed from various service providers. The department demanded service tax on these reimbursed charges, contending they were part of business auxiliary services provided by the appellant. However, the Tribunal held that the appellant merely recovered actual expenses incurred on behalf of clients, with a small commission added. The nature of services remained unchanged, rendered by the service providers to the clients. The appellant acted as a pure agent, and the commission did not alter the character of services. Consequently, the Tribunal set aside the impugned order, ruling that service tax demand on reimbursed charges was legally unsustainable.
The appellant, a customs house agent (CHA), collected reimbursement charges from clients for services availed from various service providers. The department demanded service tax on these reimbursed charges, contending they were part of business auxiliary services provided by the appellant. However, the Tribunal held that the appellant merely recovered actual expenses incurred on behalf of clients, with a small commission added. The nature of services remained unchanged, rendered by the service providers to the clients. The appellant acted as a pure agent, and the commission did not alter the character of services. Consequently, the Tribunal set aside the impugned order, ruling that service tax demand on reimbursed charges was legally unsustainable.
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