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TMI Blog2015 (12) TMI 260X X X X Extracts X X X X X X X X Extracts X X X X ..... dwani, AR, for the Respondent. ORDER This stay petition has been filed by the appellant with respect to O-I-A No. AHM-SVTAX-000-APP-070-14-15, dated 16-6-2014. 2. Shri Jigar Shah (Advocate) appearing on behalf of the appellant argued that as per the agreement entered between the appellant and M/s. Eugenex Biotechnologies a product 'Cell Clone' was obtained from M/s. Eugenex Biotechnologies ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 424 (Tri.-Mum.) wherein in a similar situation a complete waiver has been given to the appellant in that case. 3. Shri Anil Gidwani (AR) appearing on behalf of the Revenue argued that technology has not been transferred to the appellant permanently by M/s. Eugenex Biotechnologies and periodically royalties are to be remitted as per clause 5.4 of the contract entered between the appellant an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12; years. Prima facie, it appears that transfer of patent right and technology are not permanently transferred to the appellants. However, appellant has relied upon Para 9.1, (reproduced below), of C.B.E.& C. Circular No. 80/10/2004-S.T., dated 17-9-2004 to argue that IPR Services are not attracted to an IPR registered outside India :- "9.1 Intellectual property emerges from application of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndian laws are to be covered under IPR services and those IPRs not covered by the Indian Laws would not be covered under taxable under IPR Services. In view of clarification issued by C.B.E. & C. appellant has made out a prima facie case for complete waiver of the confirmed demands and penalties. Accordingly, it is ordered that there will be a stay on the recoveries of confirmed demand and penalti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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