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Service Tax - Highlights / Catch Notes

Home Highlights March 2024 Year 2024 This

Nature of activity - sale or service - The appellant procured ...


Affixing Stickers on Thin Clients Deemed 'Sale' of Goods, Not a Taxable Service Under ITSS Rules.

March 16, 2024

Case Laws     Service Tax     AT

Nature of activity - sale or service - The appellant procured COA/stickers/labels under a Microsoft OEM Customer License Agreement, affixing them to Thin Clients installed with Microsoft software, questioning whether this constituted a sale of goods or a service under ITSS. - The tribunal held that merely affixing stickers/labels, providing authenticity to software loaded onto Thin Clients, does not constitute a 'service' received under ITSS. It distinguished the transaction from the distribution/sale of software, focusing on the sale of embedded systems without transferring copyright. Thus, the transaction was deemed a 'sale' of goods, not a service taxable under ITSS.

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