2008 (1) TMI 233 - AT - Service Tax

Issue is as to whether transfer of know-how would come within the ambit of intellectual property rights services - appellants have raised various contentions in support of the plea that the transfer of know-how does not come within the ambit of the said category - As the service tax has been deposited along with interest, the aspect pertaining to imposition of penalty can be seen at the stage of final hearing - stay application is allowed granting waiver of pre-deposit & staying recovery

Summary

The appellant sought waiver of penalty of Rs 71,09,298/- under Section 76 of the Finance Act for transfer of know-how. The service tax amount was deposited before orders were passed. The Tribunal allowed waiver of predeposit and stayed recovery, deferring penalty decision to final hearing.