VidhiSangh

Supreme Court of India · 01/11/2022

M/S INTERNATIONAL MERCHANDISING COMPANY, LLC (EARLIER KNOWN AS INTERNATIONAL MERCHANDISING CORPORATION) versus COMMISSIONER, SERVICE TAX, NEW DELHI

[2022] 8 S.C.R. 872 · 2022 INSC 1144

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Summary

The organiser of the Chennai Open tennis tournament paid a company owned by Vijay Amritraj for his appearance at the event. It also licensed broadcast rights to Zee Telefilms and sold overseas telecast rights through Trans World International. The service tax demands that followed were upheld by CESTAT. The Supreme Court partly allowed the appeals. "Manpower recruitment or supply agency" under Section 65(68) is widely worded, so the payment to the player's company was taxable, and the CBEC circular of 23 August 2007 did not add a requirement of an employer-employee relationship. But a "programme producer" under Section 65(86b) produces a programme on behalf of another person, and the organiser had sold rights to its own production, so BCCI was distinguishable. As the dispute was interpretational, the extended limitation period and penalty were set aside.

Issues

  1. Whether payment to a celebrity's own company for his appearance at a tournament was taxable as 'manpower recruitment or supply agency' service, absent an employer-employee relationship between the company and the celebrity.
  2. Whether licensing broadcast and telecast rights of a self-produced tournament was 'programme producer' service, and whether the extended limitation period and penalty were justified.

Provisions considered

Held

Result

Appeals partly allowed; the levy under manpower recruitment or supply agency service upheld; the Tribunal's view on programme producer service reversed; the first show cause notice confined to the normal limitation period and the penalty set aside; the adjudicating officer to abide by these directions on remand.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 872.