Temporary transfer of intellectual property rights taxable when the service is provided within the taxable territory under service tax law. Temporary transfer or licence of an intellectual property right is taxable where the arrangement grants use or enjoyment for a limited period for consideration. Intellectual property rights include copyright, patents, trademarks, designs and similar intangible rights. Permanent transfers of ownership do not attract the service levy. IPR embodied in physical media is treated as supply of goods, not a taxable IPR service. The place of registration of the IPR is irrelevant; taxation depends on the place of provision of the temporary transfer service being within the taxable territory.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Temporary transfer of intellectual property rights taxable when the service is provided within the taxable territory under service tax law.
Temporary transfer or licence of an intellectual property right is taxable where the arrangement grants use or enjoyment for a limited period for consideration. Intellectual property rights include copyright, patents, trademarks, designs and similar intangible rights. Permanent transfers of ownership do not attract the service levy. IPR embodied in physical media is treated as supply of goods, not a taxable IPR service. The place of registration of the IPR is irrelevant; taxation depends on the place of provision of the temporary transfer service being within the taxable territory.
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