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The CESTAT allowed the appeal, setting aside the impugned order demanding service tax on film exhibition under Business Auxiliary Service (BAS) and copyright service. The Tribunal held that the perpetual assignment of telecast rights under the appellant's agreement did not constitute a copyright service taxable under the Act. Regarding BAS, the Tribunal found no evidence of the appellant leasing theatre premises for fixed rent, thus negating BAS liability. Additionally, the demand based on extended limitation was unsustainable due to the interpretative nature of the taxability issue, absence of willful suppression, and multiple clarifications issued by the Board. Consequently, the demand for service tax and confirmation of extended period invocation were quashed.
The CESTAT allowed the appeal, setting aside the impugned order demanding service tax on film exhibition under Business Auxiliary Service (BAS) and copyright service. The Tribunal held that the perpetual assignment of telecast rights under the appellant's agreement did not constitute a copyright service taxable under the Act. Regarding BAS, the Tribunal found no evidence of the appellant leasing theatre premises for fixed rent, thus negating BAS liability. Additionally, the demand based on extended limitation was unsustainable due to the interpretative nature of the taxability issue, absence of willful suppression, and multiple clarifications issued by the Board. Consequently, the demand for service tax and confirmation of extended period invocation were quashed.
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