06 January 2018
I am having a brand applied for trademark but the status is formalities checking failed and i have withdrawn my brand from registration and the status has been changed to withdrawn. Now if i file an affidavit to the above brand means will it attracts 5% gst or Exempted ?
06 January 2018
Under the Goods and Services tax (GST), five per cent tax will be charged on packaged branded pulses said that a mark or name on which actionable claim is available shall also be deemed to be a registered brand name.
However, GST will not apply if the concerned person voluntarily foregoes any actionable claim or enforceable right on such brand name after filing an affidavit to the effect with the jurisdictional Commissioner of Central Tax or State Tax, or the jurisdictional officer of Union Territory Tax, as the case may be.
The person will also be expected to print in indelible ink, both in English and local language on each such unit container, that in respect of brand name printed on the unit containers he has voluntarily foregone his actionable claim or enforceable right