TMI Blog2013 (1) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... Per: Ashok Jindal: The applicant is seeking for grant of waiver of pre-deposit of service tax of Rs.18,05,50,717/- and equivalent amount of penalty imposed under section 78 of the Customs Act, 1962 (sic). 2. Brief facts of the case are that the appellant is a manufacturer of ion exchange resins. In USA, one Shri Narendra Singh who was working with M/s Purolite International Ltd., a competitor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ight under reverse charge mechanism, therefore, the applicant is liable to pay service tax on the entire consideration. 3. The learned counsel for the appellant contended that the above consideration is not for the service rendered. It is out of court settlement of dispute between them and Purolite. He further submitted that the applicant has become co-owner of the technology used by the Purolite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y under any law for the time being in force but does not include copyright. While framing the charge against the applicant, the adjudicating authority has not specified specifically under which part of the Intellectual Property Right applicable in India the applicant is covered. 7. In view of the above observations the impugned demands are not sustainable. Therefore, prima facie the applicant has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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