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TMI Blog2014 (1) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... r a consideration - From the definition of ‘scientific or technical consultancy services’ that there should be an advice given by person or an institution to another person. In the present case temporary transfer of some intellectual property or permitting its use. In the present case there does not seem to be any temporary transfer of intellectual property. The appellant has, therefore, made ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchase agreement dated 14-12-2005 as a going concern. It is the case of the Revenue that as per the terms of sale and purchase agreement the appellant was required to discharge duty liability under intellectual property service and scientific or technical consultancy services. 2. Heard both sides on stay application. 3. It was argued by the consultant of the appellant that as per the defini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tancy service and intellectual property service as given u/s 65(92) and 65(55b) of the Finance Act, 1994 which are reproduced below :- Section 65(92) : scientific or technical consultancy means any advice, consultancy, or scientific or technical assistance, rendered in any manner, either directly or indirectly, by a scientist or a technocrat, or any science or technology institution or organi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es not seem to be any temporary transfer of intellectual property. The appellant has, therefore, made out a prima facie case that the services alleged to have been provided by them are probably not attracted. The appellant has, therefore made out of a strong case for complete waiver of the service tax liability fastened upon them. Therefore, stay against the confirmed dues/penalties is granted til ..... X X X X Extracts X X X X X X X X Extracts X X X X
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