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Service Tax - Highlights / Catch Notes

Home Highlights April 2012 Year 2012 This

Claim for exemption under Notification 12/2003-ST which was not ...


Trademark Use Agreement Not a Transfer; Service Tax Demand Confirmed Under Notification 12/2003-ST.

April 9, 2012

Case Laws     Service Tax     AT

Claim for exemption under Notification 12/2003-ST which was not claimed in adjudication proceedings - When the contract is read as a whole it is indeed a contract for transfer of the right to use the Trademark for limited purposes but on a permanent basis - the impugned contract, in its pith and substance is not a "transfer of right to use" and is more in the nature of permission to use the trademark which continues to be the property of the licensor - Demand of service tax confirmed. - AT

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