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    <title>2025 (5) TMI 316 - CESTAT CHENNAI</title>
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    <description>CESTAT Chennai allowed the appeal regarding service tax levy on remuneration paid to directors. The appellant company claimed directors&#039; remuneration constituted salary in an employer-employee relationship, qualifying for exemption under Section 65B(44)(b) of the Finance Act. The adjudicating authority rejected this, arguing no appointment orders were produced and directors weren&#039;t employees. However, CESTAT found the authority ignored Board resolutions appointing whole-time directors and Form 16 certificates evidencing salary payments with TDS deductions. Following precedent in Maithan Alloys Ltd, the Tribunal held that remuneration to whole-time directors falls within employer-employee relationship and is excluded from service tax. The demand, interest, and penalty were set aside.</description>
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    <pubDate>Fri, 02 May 2025 00:00:00 +0530</pubDate>
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      <title>2025 (5) TMI 316 - CESTAT CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=770044</link>
      <description>CESTAT Chennai allowed the appeal regarding service tax levy on remuneration paid to directors. The appellant company claimed directors&#039; remuneration constituted salary in an employer-employee relationship, qualifying for exemption under Section 65B(44)(b) of the Finance Act. The adjudicating authority rejected this, arguing no appointment orders were produced and directors weren&#039;t employees. However, CESTAT found the authority ignored Board resolutions appointing whole-time directors and Form 16 certificates evidencing salary payments with TDS deductions. Following precedent in Maithan Alloys Ltd, the Tribunal held that remuneration to whole-time directors falls within employer-employee relationship and is excluded from service tax. The demand, interest, and penalty were set aside.</description>
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      <pubDate>Fri, 02 May 2025 00:00:00 +0530</pubDate>
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