https://www.taxtmi.com/caselaws?id=314498 CESTAT Kolkata held that TDS deducted by appellant from payments to foreign service providers cannot be included in taxable value for service tax calculation under reverse charge mechanism. The tribunal found that since appellant bears TDS liability and only agreed consideration is paid to service provider, the taxable value remains unchanged. Including TDS would result in double taxation as any refund would ultimately benefit appellant. The demand for additional service tax was set aside and appeals were allowed, confirming appellant correctly calculated service tax liability. en-us Thu, 02 Mar 2023 00:00:00 +0530 Sat, 15 Jun 2024 08:23:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=314498 CESTAT Kolkata held that TDS deducted by appellant from payments to foreign service providers cannot be included in taxable value for service tax calculation under reverse charge mechanism. The tribunal found that since appellant bears TDS liability and only agreed consideration is paid to service provider, the taxable value remains unchanged. Including TDS would result in double taxation as any refund would ultimately benefit appellant. The demand for additional service tax was set aside and appeals were allowed, confirming appellant correctly calculated service tax liability. Case-Laws Service Tax Thu, 02 Mar 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=314498