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TMI Blog2013 (12) TMI 1273X X X X Extracts X X X X X X X X Extracts X X X X ..... . The value of Goodwill pertaining to right to use would be paid for a period of 10 years from 01.05.2007. Thus, the applicant failed to make out a prima facie case for waiver of pre-deposit of the entire amount of adjudged dues - Conditional stay granted. - ST/576/2011 - Misc. Order No. 40579/2013 - Dated:- 18-2-2013 - Pradip Kumar Das And Mathew John, JJ. For the Appellant : Shri SMV Rama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale of spare parts division under the Intellectual Property Services. 2. The learned counsel for the applicant submits that the definition of "Intellectual Property Rights" would cover any right to intangible property, namely, trademarks, designs, patents or in any other similar form, under any law for the time being in force. He submits that the demand of service tax on goodwill is not covered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilar intangible property, under any law for the time being in force, but does not include copyright; (55b) "Intellectual Property Service" means, - (a) transferring [temporarily]; or (b) permitting the use or enjoyment of, [any intellectual property right]; 4.1 It is contended by the learned counsel for the applicant that in terms of the agreement, the applicant licenced i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assigned or transmitted with or without the Goodwill of the business concerned. 4.2 In the present case, prima facie, it is seen that Goodwill is assigned with the Trademark of the business concern. The value of Goodwill pertaining to right to use would be paid for a period of 10 years from 01.05.2007. Thus, the applicant failed to make out a prima facie case for waiver of pre-deposit of the en ..... X X X X Extracts X X X X X X X X Extracts X X X X
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