VAT on Royalty

5722 views 1 replies
I run a preschool as a franchisee. Till last month the franchisor was only applying only service tax on the royalty amount but from this month he is applying service tax and VAT both total of 16.36%. Is this legal? what is the opinion of the experts.
Replies (1)

Under MVAT Act 2002, there is seprate entry for franchisee fees received.

Entry No C 39 rate of tax 4% read with notification no CR 114 dt 01.06.2005

VAT-1505/CR-114/Taxation-1 dt 01/06/2005
Modified List:- Goods of incorporeal nature or intangible character covered by Schedule Entry C-39

Serial No.

Name of the goods of intangible or incorporeal nature

(1)

Patents

(2)

Trademarks

(3)

Import licences including  exim scrips, special import licences and duty free advance licences.

(4)

Export Permit or licence or quota

(5)

Software packages

(6)

Credit of Duty Entitlement Pass Book

(7)

Technical know-how

(8)

Goodwill

(9)

Copyright

(10)

Designs registered under the Designs Act, 1911.

(11)

SIM cards used in Mobile Phones

(12)

Franchise, that is to say, an agreement by which the franchisee is granted representational right to sell or manufacture goods or to provide service or undertake any process identified or associated with the franchisor, whether or not a trade mark, service mark, trade name or logo or any symbol, as the case may be, is involved.

(13)

Credits of Duty Free Replenishment Certificate

(14)

Credits of Duty Free Import Authorisation (

Thus franchise as such is liable to tax under mvat AT 4%


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
29 May 2026
Accounts assistant

Shubh Consultancy

Mumbai

Graduate (Any)

View Details
Company
27 May 2026
Audit Assitant

Virender K Gupta and Co

New Delhi

B.Com

View Details
Company
22 May 2026
U.S. Financial Reporting & Consolidation Manager

Karia Overseas

Ahmedabad

CA

View Details
Company
ARTICLESHIP 23 May 2026
Article Assistants

Acupro Consulting

Gurgaon

CA Inter

View Details
Company
09 June 2026
Accounts Associate

S Madan and CO

New Delhi

Graduate (Any)

View Details
Company
26 May 2026
CA / MBA (Finance) / CMA / M.Com (Finance)

Sri Aurobindo Gnostic Centre of Education

New Delhi

CA

View Details
Company
12 June 2026
Accounts & Taxation Executive

Winshine Financial Services

Mumbai

CA Inter

View Details
Company
26 May 2026
Audit executive

vdsr & co LLP

Chennai

CA Inter

View Details