License Fees, Documentation Fees, and Computer Software. The ...

Software License Payments Exempted from Service Tax: Tribunal Rules Amortization Entries Not Taxable Services.

December 6, 2024

Case Laws     Service Tax     AT

License Fees, Documentation Fees, and Computer Software. The Tribunal held that these amounts were towards amortization disclosure required under Indian Accounting Standard (Ind AS) 38A and not consideration for receipt of any service during the disputed period. The appellant did not receive any service from foreign vendors during this period for which they were required to pay service tax on reverse charge basis. The demand treating these services under Transfer of Intellectual Property Rights Service was unsustainable. The findings that overseas vendors carried out activities for consideration were incorrect as no activity was performed by them for these amounts during the disputed period. These were mere book entries towards license fees, documentation fees, computer software, etc. As the demand was set aside on merits, the Tribunal did not record separate findings on the issue of limitation or penalty.

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