Levy of service tax on intellectual property rights (IPR) ...

Transfer of business goodwill not an IPR service; service tax demand quashed, extended period & penalties set aside.

Case Laws Service Tax

October 21, 2024

Levy of service tax on intellectual property rights (IPR) services, particularly the transfer of goodwill. It clarifies that goodwill is distinct from trademarks and is not recognized as an intangible property under intellectual property laws in India. The case establishes that the transfer involved the goodwill of a business, not just a trademark, and hence the service tax demand based on treating it as an IPR service is set aside. It also addresses issues related to manpower recruitment or supply agency services, the extended period of limitation, and penalties. The tribunal held that the services provided were business support services, not manpower supply, the extended period was wrongly invoked as there was no suppression of facts, and penalties were not warranted as there was no deliberate defiance or disregard of obligations.

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Levy of service tax on intellectual property rights (IPR) ...

Transfer of business goodwill not an IPR service; service tax demand quashed, extended period & penalties set aside.

Case Laws Service Tax

October 21, 2024

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