Applicability of st

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 December 2015 One of our client( Lets say X&Co, a Partnership firm) is engaged in providing coaching in Spoken English and IELTS. He is under a franchise agreement with other institute where by he will use their name and give them a fixed fee every month (Royalty). The invoice is issued in the name of the other Institute only. Is X&Co liable to pay ST or is it the liablity of the other institute. If liable at what rate ( Any abatements)?? Will it fall under the category of using the brand name of others?? Can X&co avail the benifit of Small service provider? Thanks in advance

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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20 December 2015 1 X&Co. is liable for service tax.
2 No abatements. Service tax Payable at 14.5% on invoice value.
3 Yes it will fall under using the brand name and no small service provider benefit available.

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