GST ArticlePre-GST

No service tax on transportation of articles which are not goods as per Sales of Goods Act

The CESTAT, Ahmedabad in M/s Panoli Enviro Technology Limited v. Commissioner of Central Excise & ST, SURAT-II held that the effluent does not qualify to be a ‘good’ as per the Sales of Goods Act and as per definition of GTA only the transportation of ‘goods’ is covered under GTA service. Thus, transportation of effluent by GTA is out from the ambit of service tax.

GST ArticleSupreme Court

No Service tax on incentives received by travel agents from airlines or CRS companies

The Hon’ble Supreme Court in Principal Commissioner Central Excise Delhi I v. SOTC Travels Services Private Limited dismissed the Appeal filed by the Revenue Department by relying on the judgement wherein it was held that the Performance linked bonus (“PLB”) and Computer reservation service (“CRS”) fees received by airline agents are not subject to service tax under the category of ‘Business Auxiliary Services’ (“BAS”).