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2014 (4) TMI 219 - AT - Service TaxWaiver of pre deposit - Receipt for goodwill - Intellectual Property Service - Whether the amount of ₹ 8.98 crore received by the Applicant from KDHP on the transfer of the ‘Goodwill’, viz. ‘Kanan Devan’, along with transfer of the ongoing business, against two Deeds of Transfer dated 30.03.2005 and 02.07.2005, be subjected to service tax levy, under the category of ‘Intellectual Property Service’ or otherwise - Held that:- Prima facie, we find that the Applicant themselves had declared in the respective Deeds allocating the total amount, ₹ 8.98 crore towards the use of such ‘Goodwill’, which the Revenue has considered as the gross taxable value in the services of allowing to use the ‘Goodwill’, which would fall under the definition of ‘Intellectual Property Right’ and consequently, it is chargeable to service tax under the taxable services, ‘Intellectual Property Services’ - at the time of disposal of the Appeal. No financial hardship has been pleaded. In the result, the Applicant failed to make out a prima facie case for total waiver of predeposit of the dues adjudged - Conditional stay granted.
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