https://www.taxtmi.com/caselaws?id=761629 A licence agreement that transfers exclusive use of a brewery licence for the contractual term, with the transferee protected from interference and the transferor retaining no right to use it during that period, is treated as a transfer of the right to use goods and therefore a deemed sale under Article 366(29A)(d). On that basis, the consideration under the licence agreement falls outside service tax. The licence arrangement is also a separate transaction from the lease deed, so its consideration cannot be clubbed with lease rent for valuation under renting of immovable property service. The stated effect is that service tax, interest, and penalty are not sustainable on that amount. en-us Tue, 12 Nov 2024 00:00:00 +0530 Wed, 13 Nov 2024 11:45:03 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761629 A licence agreement that transfers exclusive use of a brewery licence for the contractual term, with the transferee protected from interference and the transferor retaining no right to use it during that period, is treated as a transfer of the right to use goods and therefore a deemed sale under Article 366(29A)(d). On that basis, the consideration under the licence agreement falls outside service tax. The licence arrangement is also a separate transaction from the lease deed, so its consideration cannot be clubbed with lease rent for valuation under renting of immovable property service. The stated effect is that service tax, interest, and penalty are not sustainable on that amount. Case-Laws Service Tax Tue, 12 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761629