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    <title>2024 (5) TMI 136 - CESTAT ALLAHABAD</title>
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    <description>Amounts received by a bottler/franchisee from a brand owner for incentive, advertisement and publicity were held not taxable as Business Auxiliary Service where the assessee manufactured and sold its own goods under the brand arrangement. The tribunal applied earlier decisions on identical facts and found that mere participation in promotion of the brand name, without promotion or marketing of the client&#039;s goods or services and without a real service element, falls outside the statutory scope relied on by the department. The service tax demand was therefore unsustainable, and the related interest and penalties also failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=752083</link>
      <description>Amounts received by a bottler/franchisee from a brand owner for incentive, advertisement and publicity were held not taxable as Business Auxiliary Service where the assessee manufactured and sold its own goods under the brand arrangement. The tribunal applied earlier decisions on identical facts and found that mere participation in promotion of the brand name, without promotion or marketing of the client&#039;s goods or services and without a real service element, falls outside the statutory scope relied on by the department. The service tax demand was therefore unsustainable, and the related interest and penalties also failed.</description>
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