9911796707
TMI Blog2015 (5) TMI 499X X X X Extracts X X X X X X X X Extracts X X X X ..... 2004-ST dated 17.9.2004 - applicant has made out a case of complete waiver of pre-deposit. Therefore, we waive the requirement of pre-deposit of entire amount of service tax interest and penalties and stay recovery thereof, during the pendency of the appeal. - Stay granted. - No. ST/Stay/61248/2013, ST/60286/2013-CU(DB) - Stay Order No. SO/ST/51016/2015-CU(DB), - Dated:- 10-3-2015 - Ashok Jindal, Member (J) And R K Singh, Member(T),JJ. For the Petitioner : Shri Manish Gaur, Adv. For the Respondent : Shri Amresh Jain, DR ORDER Per: Ashok Jindal: The applicant is seeking waiver of pre-deposit of the impugned demand confirmed against them under the category of Intellectual Property Right Services. The facts of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... specifications, production efficiency and controls, expedients, process controls, stability, flow charts, quality controls, product and process improvement, packaging, drug delivery systems and all other techniques, information, methods, controls, data likely to assist in the manufacture of the said products including the improvements therein. 2. The all inclusive lump sum consideration for the transfer of the Know How shall be a sum of ₹ 16,00,00,000/- (Rupees Sixteen crores) only to be paid in one or more instalments as may be mutually decided by and between the parties hereto. The said consideration shall be inclusive of all applicable taxes and such amounts shall be borne and paid entirely by DRF. 3. DRF hereby convenants w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l materials, project development records, or any other manner of records including electronic records (hereinafter the Know-How ). Said Schedule I Intellectual Property and Know-How is hereinafter collectively referred to as the Scheduled Intellectual Property . 2.3 Whereas the Parties have agreed that the Assignor shall assign to the Assignee its entire right, title and interest in the Scheduled Intellectual Property' 3.1 Pursuant to this Agreement and in consideration of the sum of 1,80,00,000 (Rupees one Crore Eighty Lakhs only) now paid to the Assignor by the Assignee (the receipt and sufficiency of which the Assignor hereby acknowledges), the Assignor hereby sells, assigns and transfers absolutely and free from all encum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore this Tribunal and seeking waiver of pre-deposit of the demand confirmed in the impugned order at this stage. 3. The ld. Counsel for the applicant drew our attention to the various clauses and submitted that it is only a sale of their know how to their clients and their client after the sale become absolutely owner and they have no right in future on this know-how. Therefore, they are not liable to pay service tax under the category of Intellectual Property Right service as the service tax is payable for transfer of right temporarily or promoting or transferring the right temporarily, in fact they are selling their know-how/right to their clients, therefore the definition of IPR is not applicable for demand of service tax. To support ..... X X X X Extracts X X X X X X X X Extracts X X X X
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