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Declared Service u/s 66 E(e) of FA or not - Business Transfer Agreement (BTA) entered by the Appellant having a non-compete clause - The tribunal held that, Adjudication authority confirmed demand but failed to acknowledge the exemption under Notification No. 25/2012-Service Tax. Non-compete clause was a routine condition for transferring a running business concern. Terms of the agreement must be read as a whole; non-compete clause cannot be separated to bring the transaction under service tax. - Demand set aside.
Declared Service u/s 66 E(e) of FA or not - Business Transfer Agreement (BTA) entered by the Appellant having a non-compete clause - The tribunal held that, Adjudication authority confirmed demand but failed to acknowledge the exemption under Notification No. 25/2012-Service Tax. Non-compete clause was a routine condition for transferring a running business concern. Terms of the agreement must be read as a whole; non-compete clause cannot be separated to bring the transaction under service tax. - Demand set aside.
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