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RU
No Service Tax on Airtel’s Employee Call-Free Allowance Waiver as No Consideration Received: CESTAT Chandigarh
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taxguruin
Ecko Cables (P) Ltd. vs. Commissioner of Central Excise and Service Tax, Ludhiana , Final Order No.
We find that it is not provided in the Service Tax law to amortize the goodwill to arrive at the gross value of consideration for the purpose of levy of service tax.
We also find that in the Scheme of Service Tax, no liability to tax arises when consideration is not received and is not receivable.
The Service Tax provisions under the Service Tax Rules, 1994, as applicable during the period in dispute, clearly provided that Service Tax is payable when the value of taxable services is received.
In view of the above discussion, we find the following:(i) Service tax cannot be levied when there is no consideration received.