Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
The note addresses whether manufacturer-paid incentives for meeting vehicle sales targets constitute a taxable Business Auxiliary Service or form part of the sale price as trade discounts. It applies the principle that transfers of property in goods are excluded from the definition of service and distinguishes transaction-specific incentives from general performance-based schemes, treating such incentives as reductions to sale consideration rather than separate taxable services. Relying on the Tribunal precedent in Bangalore Motors, the impugned service tax demand was set aside and the appeals allowed, with consequential relief as per law.
The note addresses whether manufacturer-paid incentives for meeting vehicle sales targets constitute a taxable Business Auxiliary Service or form part of the sale price as trade discounts. It applies the principle that transfers of property in goods are excluded from the definition of service and distinguishes transaction-specific incentives from general performance-based schemes, treating such incentives as reductions to sale consideration rather than separate taxable services. Relying on the Tribunal precedent in Bangalore Motors, the impugned service tax demand was set aside and the appeals allowed, with consequential relief as per law.
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