In the case of Intellectual Property services who has to remit the service tax to government???Service provider or service receiver????
1 Replies
CA Sudhir Halakhandi
(PRACTICING CHARTERED ACCOUNTANT)
(13401 Points)
Replied 02 January 2009
Generally service tax payment is the liability of the Service Tax provider as per Section 68(1) of the Finance Act, 1994 but Section 68(2) has given powers to the central Government to prescribesome persons other than service provides to pay service tax. In this respect the central Government has issued a Notification No.34/2004-ST dated 31-12-2004(which was later amended from time to time) but in this notification "Intellecutual property services" have not been mentioned. Hence in case of this service The Liability of payment of service tax is of "SERVICE PROVIDER" i.e. the holder of inttelectual property right".
(CA SUDHIR HALAKHANDI)
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