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    <title>2024 (7) TMI 308 - CESTAT MUMBAI</title>
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    <description>CESTAT Mumbai held that appellants&#039; promotional activities for music and song video rights acquired from Film Producer Companies (FPCs) were not taxable as Business Auxiliary Services under Section 65(105)(zzb) of Finance Act, 1994. The tribunal found appellants were exploiting assigned rights commercially rather than providing services to FPCs. Citing precedents including McDonald&#039;s India and Philips India cases, the tribunal concluded promotional expenses incurred by rights holders for their own benefit don&#039;t constitute taxable services. Extended limitation period was deemed unsustainable due to lack of suppression evidence. Demands and penalties under Section 78 were set aside, and appeals were allowed.</description>
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    <pubDate>Wed, 26 Jun 2024 00:00:00 +0530</pubDate>
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      <title>2024 (7) TMI 308 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=755088</link>
      <description>CESTAT Mumbai held that appellants&#039; promotional activities for music and song video rights acquired from Film Producer Companies (FPCs) were not taxable as Business Auxiliary Services under Section 65(105)(zzb) of Finance Act, 1994. The tribunal found appellants were exploiting assigned rights commercially rather than providing services to FPCs. Citing precedents including McDonald&#039;s India and Philips India cases, the tribunal concluded promotional expenses incurred by rights holders for their own benefit don&#039;t constitute taxable services. Extended limitation period was deemed unsustainable due to lack of suppression evidence. Demands and penalties under Section 78 were set aside, and appeals were allowed.</description>
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      <pubDate>Wed, 26 Jun 2024 00:00:00 +0530</pubDate>
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