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CESTAT held that for valuation under the levy of service tax the portion of tax deducted at source (TDS) borne by the Appellant and deposited with the Government is not includible in the taxable value of royalty paid to the foreign vendor. Applying the factual scenario where royalty payable was INR 100 and TDS of INR 10 was separately discharged to the Government, the Tribunal concluded the INR 10 did not constitute consideration for the service and therefore could not attract service tax. The impugned order was set aside and the appeal allowed, absolving the Appellant from liability to pay service tax on the TDS amount.
CESTAT held that for valuation under the levy of service tax the portion of tax deducted at source (TDS) borne by the Appellant and deposited with the Government is not includible in the taxable value of royalty paid to the foreign vendor. Applying the factual scenario where royalty payable was INR 100 and TDS of INR 10 was separately discharged to the Government, the Tribunal concluded the INR 10 did not constitute consideration for the service and therefore could not attract service tax. The impugned order was set aside and the appeal allowed, absolving the Appellant from liability to pay service tax on the TDS amount.
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