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TMI Blog2015 (11) TMI 1180X X X X Extracts X X X X X X X X Extracts X X X X ..... e stay application has come up for consideration and the miscellaneous application has been filed for early hearing of the appeal even before the stay application has been disposed of, the same is rejected as premature. 2. Service tax of Rs. 1,59,25,860/- has been demanded on the ground that appellant has not discharged the liability under IPR service during the financial year 2007-2008. 3. Brief facts of the case are as under:- M/s. Biocon Biopharmaceuticals Private Ltd. (BBPL) is an SEZ unit engaged in the manufacture of various biopharmaceutical products. CIMAB SA (CIMAB) and Biocon Ltd. (BL) executed a joint-venture agreement dt. 22/2/2002 for the main purpose of creating BBPL for marketing some of CIMABs products including Recombin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... production and entire documentation required for manufacture of the products as per the specification, conceptual design for building biotechnological plant and engineering thereof and training of personnel etc. However this is not the agreement which is to be considered by us. The agreement to be considered by us for which service tax has been demanded is the agreement between BBPL and BL. In this agreement, BBPL has transferred the marketing rights to BL and it is this transaction which is proposed to be charged to service tax. Further this agreement transfers the marketing rights not in India but in the territory specified therein. The learned AR relied upon Clause 5 of the agreement to show that the transfer is not permanent. For bette ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e payments periodically. Prima facie, in our opinion, it cannot be said that the transfer is a temporary one. 5. Another submission was made by the learned counsel that what is being transferred is marketing right and there is no intellectual property involved in this case. This would require considerable discussion as to what exactly the meaning of intellectual property and the rights and the interpretation of Boards circular etc. etc. Since we have found a prima facie case on the ground that the transfer in this case cannot be considered as a temporary one, we consider that appellant has made out a prima facie case for complete waiver only on that basis. Therefore at this stage, we do not consider it is necessary that we should undertak ..... X X X X Extracts X X X X X X X X Extracts X X X X
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