SERVICE TAX ON FRANCHISE RECEIPT
This query is : Resolved
sumit bhartia
(Querist)
03 June 2009
In one of my company we have three premises and for each of them we get franchise receipt Per month as per contract
Averge Franchise receipt of each of the them individually is below Rs. 10 lacs but in total it is around 25 lacs.
Since we are receiving franchise receipt do we have to pay service tax
Is service tax applicable on Franchise receipts.
What would happen if we would have received rent instead of franchise receipt
Averge Franchise receipt of each of the them individually is below Rs. 10 lacs but in total it is around 25 lacs.
Since we are receiving franchise receipt do we have to pay service tax
Is service tax applicable on Franchise receipts.
What would happen if we would have received rent instead of franchise receipt
Madhukar N Hiregange
(Expert)
05 June 2009
Nomenclature does not decide the essence of the contract.
If the same is for rent there is a view that rent is not a service at all which has been helf by the Delhi HC. After talking the call can go ahead.
If the same is for rent there is a view that rent is not a service at all which has been helf by the Delhi HC. After talking the call can go ahead.
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