Supreme Court Ruling on Film Revenue Sharing Tax Implications

The Hon’ble Supreme Court in Commissioner of Central Excise and Service Tax Ludhiana v. AB Motions Pvt. Ltd. [Civil Appeal Diary No(s). 12044/2020 dated May 17, 2024] addressed a significant issue regarding the taxation of revenue sharing agreements between exhibitors and distributors concerning the exhibition of films. This article explores the details of the case, the arguments presented, and the final decision rendered by the Supreme Court.

Introduction

In the realm of film exhibition, revenue sharing agreements play a crucial role in determining financial arrangements between exhibitors (theaters) and distributors (those holding film rights). This case delves into whether such agreements constitute ‘Business Support Services’ under the Finance Act, 1994, thereby making them subject to service tax.

Facts of the Case

Background of AB Motions Pvt. Ltd. and the Revenue’s Contention

AB Motions Pvt. Ltd., the respondent in this case, entered into revenue sharing agreements with multiple distributors and sub-distributors for the exhibition of films at their multiplexes. The Revenue argued that AB Motions Pvt. Ltd. was providing ‘Business Support Services’ as defined under Section 65(105)(zzzq) of the Finance Act, 1994. This contention arose from the exhibition of movies in their multiplexes, which the Revenue viewed as a taxable service.

The Revenue further alleged that AB Motions Pvt. Ltd. had not disclosed the revenue earned through these services in their statutory returns nor paid the corresponding service tax. Consequently, an order demanding service tax, along with interest and penalties, was issued against AB Motions Pvt. Ltd. by the Revenue.

CESTAT’s Ruling and its Implications

Upon appeal, the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) examined the nature of the relationship between AB Motions Pvt. Ltd. and the distributors. CESTAT found that both parties had agreed to collaborate, where AB Motions Pvt. Ltd. as the theater owner exhibited films provided by distributors while retaining the film copyrights.

All revenues generated were duly recorded in AB Motions Pvt. Ltd.’s books of accounts. Additionally, payments made to distributors for film rights and other expenses were also meticulously documented. CESTAT, drawing on the precedent set by the PVS Multiplex India Pvt Ltd. v. CCE & ST, Meerut-I case, concluded that there was no taxable service provided by AB Motions Pvt. Ltd. to distributors or sub-distributors.

Decision on the Demand for Service Tax

Based on the findings and legal principles established in previous cases, CESTAT set aside the original order demanding service tax from AB Motions Pvt. Ltd.

Issue

Core Question: Taxability of Revenue Sharing Agreements

The central issue in this case revolved around whether revenue sharing agreements between exhibitors and distributors, concerning the exhibition of films, should be classified as ‘Business Support Services’ liable to service tax.

Held by the Supreme Court

Judicial Analysis and Decision

The Hon’ble Supreme Court, in its ruling on Civil Appeal Diary No(s). 12044/2020, upheld the decision of the CESTAT. The Court referenced a similar matter, Commissioner of Service Tax v. Inox Leisure Ltd. [C.A. No. 1335 of 2022 dated February 28, 2022], where the service tax demand on revenue sharing agreements was also contested and subsequently rejected.

The Supreme Court emphasized that the collaboration between exhibitors and distributors, through revenue sharing agreements, does not constitute ‘Business Support Services’ under the Finance Act, 1994. Therefore, such arrangements are not subject to service tax.

Conclusion on Tax Implications

The verdict provided clarity and precedent on the taxation of revenue sharing agreements in the film exhibition industry. It affirmed that these agreements do not involve the provision of taxable services, thereby relieving exhibitors like AB Motions Pvt. Ltd. from service tax liabilities.