No VAT on brand franchisee fee without transfer of effective control over Kingfisher brand

Karnataka VAT: Owner of 'Kingfisher Brand' entered into contracts with Contract Bottling Units (BUs) for manufacturing of beer. It had transferred know-how for manufacturing beer. BUs had the right to use the brand name only on behalf of assessee and they did not acquire any right over such brand name belonging to the assessee. Thus, sum received from BUs as brand franchise fees could not be treated as royalty and was not liable to sales tax