https://www.taxtmi.com/caselaws?id=211914 Permitting oil companies to use registered trade marks on their products for royalty constitutes taxable intellectual property service under the Finance Act, 1994, because trade marks are recognised intellectual property rights and allowing their commercial use is a taxable permission to use or enjoy that right. The tax demand was therefore sustainable within the normal limitation period. Extended limitation requires suppression or wilful misstatement with intent to evade tax; mere non-compliance does not suffice. As the trade mark use was open and no tangible evidence established deliberate concealment or fraudulent intent, the extended demand was time-barred and penalties were not invocable. Re-quantification was required for the surviving demand. en-us Mon, 12 Mar 2012 00:00:00 +0530 Wed, 13 Aug 2014 11:47:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=211914 Permitting oil companies to use registered trade marks on their products for royalty constitutes taxable intellectual property service under the Finance Act, 1994, because trade marks are recognised intellectual property rights and allowing their commercial use is a taxable permission to use or enjoy that right. The tax demand was therefore sustainable within the normal limitation period. Extended limitation requires suppression or wilful misstatement with intent to evade tax; mere non-compliance does not suffice. As the trade mark use was open and no tangible evidence established deliberate concealment or fraudulent intent, the extended demand was time-barred and penalties were not invocable. Re-quantification was required for the surviving demand. Case-Laws Service Tax Mon, 12 Mar 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=211914