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    <title>Business Transfer Agreements having a non-compete clause cannot be classified as Declared Service for demanding Service Tax</title>
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    <description>The Tribunal held that transfers of an ongoing business on a slump sale basis attract the exemption for transfer of a going concern and that ordinary ancillary restraints such as non compete obligations integral to such transfers cannot be severed from the transaction to characterise part of the sale as a taxable Declared Service. Payments forming part of an integrated sale with customary non compete restrictions were therefore not taxable as a Declared Service absent evidence of an independent toleration arrangement or a separable service component.</description>
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    <pubDate>Fri, 23 Feb 2024 08:25:07 +0530</pubDate>
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      <title>Business Transfer Agreements having a non-compete clause cannot be classified as Declared Service for demanding Service Tax</title>
      <link>https://www.taxtmi.com/article/detailed?id=12350</link>
      <description>The Tribunal held that transfers of an ongoing business on a slump sale basis attract the exemption for transfer of a going concern and that ordinary ancillary restraints such as non compete obligations integral to such transfers cannot be severed from the transaction to characterise part of the sale as a taxable Declared Service. Payments forming part of an integrated sale with customary non compete restrictions were therefore not taxable as a Declared Service absent evidence of an independent toleration arrangement or a separable service component.</description>
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      <pubDate>Fri, 23 Feb 2024 08:25:07 +0530</pubDate>
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