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"6. The taxable service stands defined in Section 65(105)(zze) of Service Tax
Act, as "any service provided to a Franchisee, by the Franchisor in relation to
Franchise". The Franchisor develops the brand name, concept of following the
business, promotes the same and establishes the name. As such, by entertaining
into an agreement of Franchisee‟s, it assigns the brand name to other person to
carry out the business under his brand name or trade name, in the same manner
in which he himself was conducting the business. The definitions of Franchisor
under Section 65(48) of the Act, means "any person who enters into franchise
with an franchisee and includes any associate of franchisor or a person
designated by franchisor to enter into franchisee‟s on his behalf. The agreement
as placed before us refers the appellant as the franchisor and the other party as
franchisee. In terms of the said agreement there are obligations on the franchisee
to set up the adequate premises and to conduct the business in accordance with
the terms of the agreement. For the said franchisee, is under an obligation to pay
fixed amount to the appellant and in addition recurring franchisee fee at the rate
of 15%. The purpose of the agreement of franchisees is to enable franchisee to
carry on the business in the manner desired by the franchisor. The agreement
also reveals that the appellant shall provide prospectus, course material,
brochure, leaflets, direct mail materials, stationery etc. They shall also provide
additional training to the staff franchisee request at additional cost. As such, it is
10 | ST/476-477/2012 [DB]
seen that the agreements between the appellant and their franchisees satisfy all
the four requisites of the definition of „Franchise‟ as provided under Section
65(47) of the Act, and the appellant is liable to pay service tax on the said
services.