Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
No Service Tax on Reimbursements Received as Pure Agent: CESTAT
In a relief for businesses acting as intermediaries, the Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has ruled that no service tax is payable on amounts received as reimbursements when acting as a "pure agent." A pure agent is a person who, while providing a service, also incurs expenditure on behalf of the client and claims a reimbursement for those expenses at actuals, without adding any profit margin. The tribunal held that these reimbursements are not a consideration for the service provided by the agent and, therefore, do not form part of the taxable value of the service. This ruling is based on the principle that service tax is levied only on the value of the service rendered by the service provider, not on the expenses that are merely passed through to the client at cost.