C.N.B. Nair, Member (T) - (1.)THE stay application is in relation to Service Tax demand on the appellant as an Advertising Agency.
(2.)DURING the hearing of the case ld. Consultant took us through the relevant records to show that the appellant was discharging duty liability on the gross amount received by it from its clients. It is the Ld. Consultant's submission that under Section 67(d) gross amount charged by an advertising agency from the client for services in relation to advertisement is the measure, it is her contention that the discount granted by the media to the advertising agency is of no concern for valuation.
(3.)WE have perused the records and heard ld. DR also. Prima facie the valuation adopted by the appellant for the purpose of payment of service tax is in terms of the definition of value contained in Section 67. The demand raised does not appear to be sustainable.
Stay application is allowed and recovery is stayed till the disposal of the appeal.