Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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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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