TaxTMI 
TaxTMI 
2026 (7) TMI 1539
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....Media Ltd'. Miscellaneous Application stands allowed. 3. The facts of the case are that the assesse-appellant is engaged in the business of providing 'hoardings on rent for display of advertisement' during period 2007-2008 to 20102011. The activity of providing of 'hoardings on rent for display of advertisement' came into effect w.e.f. 24/04/2007 under the category of 'advertising agency'. Revenue investigated the matter and during the course of scrutiny of the records it was noticed that assesse has received non-monetary consideration specified in the invoice like gift vouchers, shopping coupons, hotel stay and air tickets. Different terms are used to denote various types of non-monetary considerations received. There are 10 invoices in which the term 'barter' has been mentioned for nonmonetary considerations. There are 49 invoices where in nonmonetary considerations are gift vouchers, shopping coupons, hotel stay and air tickets. There are 59 invoices wherein non-monetary considerations have been received by the assesse and assesse has not included in the monetary taxable value of their services in terms of Section 67 of the Finance Act, 1994 read with Rule 5(1) of the Service....
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....n, therefore, not liable to pay service tax. It is his further submission that during investigation the statement of recipient of services were recorded and they have confirmed that no amount of nonmonetary consideration is given to the assessee but no finding has been given on that. Learned Consultant further submitted that certificate from various recipient of service certifying that no consideration has been provided to the assessee except the consideration stated in the invoice. Therefore, the figures of non-monetary considerations are imaginary and notional value of same has been taken on flimsy grounds without any iota of evidence. Therefore, the demand is not sustainable on that ground. If the same is taken correct then Revenue's appeal has no merits and the amount of Rs. 81,42,020/- is to be set aside. 5. With regard to the demand of Rs. 1,09,800/- confirmed for the financial year 2008-09 for the difference in value shown in ST-3 return and in balance sheet it is his submission that they have paid excess tax for the period 2009-10 amounting to Rs. 4,66,805/- which should be adjusted against the demand. With regard to confirmation of demand for rent, discount and bad debt....
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.... by Revenue. Therefore, the demand raised against the assessee without finding any evidence on record and on the basis of flimsy ground without any evidence on record. In view of this, the demand proposed in the show cause notice against the assesse-appellant on account of non-monetary consideration in the form of the form of gift vouchers, shopping coupons, hotel stay and air tickets, etc. is not sustainable. In view of this, we set aside the said demand. 11. Further, we find that the assessee has explained the amount of Rs. 1,09,800/- sought to be confirmed on account of difference between the balance sheet for the year 2008-09 and the value in ST-3 returns but the assessee has paid excess tax during the period 2009-10. Therefore, the same is to be adjusted against the said demand. We further take note that the demand sought to be confirmed on account of rental income, the appellant has already paid tax of Rs. 58,278. Further, the demand sough to be confirmed on account of discount received by the assesse-appellant, in fact the assessee is engaged in the activity of selling of place for advertising and the assessee is availing discount in some cases although the said discount ....
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....credit is given out of gratitude for their contribution. There is no monetary consideration involved in giving the names of associated people in the title and publicity as this is a tradition followed by the producer to acknowledge the contribution of everyone since the advent of this film industry of which IMPPA has been the main association since 1937 (i.e. 80 years). For INDIAN MOTION PICTURE PRODUCERS' ASSOCIATION M. P. ANDHERI MUMBAI-53 (ANIL NAGRATH) SECRETARY Document 2 liftda, Ref: IFTDA /075/ 2017 INDIAN FILM & TELEVISIO DIRECTORS' ASSOCIATIO SINCE: 1959 | REGISTERED WITH TRADE UNION VIDE NO. 3374 | AFFILIATED TO: FWICE & UNI- March 09, 2017 TO WHOMSOEVER IT MAY CONCERN It is certified that Indian Film & Television Directors' Association popularly known as IFTDA is an association of directors and assistant directors working in film & television industry. Having more than 10,000 members, IFTDA was founded in the year 1959. We are governed by our motherbody FWICE and practise member to member working. Everybody working in the film/ tv projects is given credit in the credit titles of the film/ TV Serials. This has been th....
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....039;) have received services from M/s. Bright Outdoor Media Pvt. Ltd. (hereafter referred as 'BOMPL') during the period 01.04.2008 to 31.03.2011. For the services provided by BOMPL to the company, BOMPL have raised invoices for consideration for services along with applicable service tax. The company has duly paid the amounts charged towards the services along with service tax to BOMPL. During the period 01.04.2008 to 31.03.2011, the company has undertaken following transactions with BOMPL: Sr. No. PO No. Bill No. Bill Date Invoice Amt(in Rs.) Remarks 1 2 Nil Nil Nil Nil S.0810201 S.0906180 20/10/2008 24/06/2009 17,68,582/- 25,68,976/- In accordance with the terms of the contract, the company has put 'Bright' logo 3 4 S.1001173 S.1004221 16/01/2010 23/04/2010 16,15,496/- 22,91,974/- on all communications scrolls on TV, hoardings, start of the movie etc. There is no consideration attributable to this activity. However, we hereby certify that the aforesaid activity has not lead to any reduction in the gross amount charged by BOMPL for provision of their services. Further the company hereby submits that, we have not provided any free Food Vouchers, Hote....