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    <title>2023 (5) TMI 243 - CESTAT HYDERABAD</title>
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    <description>The Tribunal held that incentives received by an advertising agency from the media without a contractual obligation for services are not subject to Service Tax under Business Auxiliary Services (BAS). The decision was based on the lack of a service provider-client relationship between the agency and the media for the provision of services. The Tribunal&#039;s ruling aligned with previous precedents, emphasizing that such incentives are not payments for services but rather discounts or gratuities for advertisements. Consequently, the Service Tax demand on incentives, volume discounts, rate variances, and written-back amounts was set aside, allowing the appeal in favor of the Appellant.</description>
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      <link>https://www.taxtmi.com/caselaws?id=437436</link>
      <description>The Tribunal held that incentives received by an advertising agency from the media without a contractual obligation for services are not subject to Service Tax under Business Auxiliary Services (BAS). The decision was based on the lack of a service provider-client relationship between the agency and the media for the provision of services. The Tribunal&#039;s ruling aligned with previous precedents, emphasizing that such incentives are not payments for services but rather discounts or gratuities for advertisements. Consequently, the Service Tax demand on incentives, volume discounts, rate variances, and written-back amounts was set aside, allowing the appeal in favor of the Appellant.</description>
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