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GST Review March-2024

Service Tax Updates

Vasudev Mehta
Issue : Whether transfer of own invention and scientific discovery in case of business transfer arrangement attracts service tax by classifying the said activity as ‘Intellectual Property Services” ? Held : No Facts Of the Case : The brief facts of the case are that the respondent-Gharda Chemicals Limited was engaged into polymer business through its Polymer Division located at Panoli, District Bharuch. The respondent sold its Division as going concern for a lump sum price and accordingly, entered into a sale and purchase agreement dated 14th December, 2005 with M/s. Solvay Specialities India Private Limited (for short 'M/s. SSIPL') for a consideration of ₹169,34,95,385/. During the course of scrutiny of the agreement by the appellant authority, it appeared that the respondent entered into an ag.......