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S. Krishnamoorthy (Business)     28 December 2007

Service Tax

This is an interesting case.  Recently, the Service tax authorities issued notice to a service provider stating that the ""rebate"" he gets from Post Office is ""commission"" under Business Auxiliary Services and Service tax must be paid on the ""rebate"".
The question to be decided is whether ""rebate"" can be equated with ""commission"".
Second question is when the post office sue moto gives the rebate, from whom the service tax should be collected. The receiver of the rebate renders no taxable service to the post office nor does he issue any invoice.
Can anybody throw light on this?
S. Krishnamoorthy


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 2 Replies

Rakesh Chitkara (Service Tax Consultant)     25 May 2008

Yes. Another instance of creative thinking by department. General law is that if service tax is paid, then payee is entitled to take credit of CENVAT. Who is service receiver and provider. Who will take Cenavt ? If Agent, then he is otherwise exempt upto Rs. 10 lakhs of Commission received in a FY under Service Tax. Will PostOffice pay the agent service tax ? Interesting

(Guest)
The authorities under CBEC have this kind of capability, to act without adhereing to law. The business auxiliary services is taxable, for services like commission, but is rebate a commission. No, discounts, rebates are nothing but kickbacks given for reference of clients or to attract customers. By refering a policy in the post office, a rebate has been given, it is more like discount paid in different manner.

The department will usually walk back in this kind of situations. The CAG auditors will correct them.

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