9911796707
TMI Blog2007 (8) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... they are engaged in the manufacturing and marketing of pharmaceutical products and diagnostics in India. They develop technology for the manufacture of Active Pharmaceutical Ingredients (AP which they have sold on valuable consideration to their clients M/s. Ranbaxy. There is no service provided therein continuously in terms of the agreement but it is a complete sale of the technology on consideration, therefore, they did not come within the said category. The learned Commissioner has deferred with them by rendering findings in para 13. In para 13, it is noted by the Commissioner that Clause (h) of Preamble of the agreement indicate that the appellant would supply AP of the products to clients as a preferred customer at 3. The learned Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n behalf of the Department. It is his submission that the impugned order is justified and correct. It is stated in the written submission that as per the Agreements entered into by M/s. Matrix with M/s. Ranbaxy, M/s. Matrix are required to develop technology for manufacture of 21 products by non-infringing process. M/s. Matrix have developed on an exclusive and immediate basis non-infringing manufacturing process or technology and provided all such technology and technical documentations to M/s. Ranbaxy. Therefore, this activity clearly falls within the ambit of definition of Section 65(92) of the Finance Act, 1994. Therefore, he submits that the order passed is a correct order and requires to be confirmed. He further relies on the Apex Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en there is technical assistance in any manner, then, it should be considered as service. Further, we find that the technology was developed for manufacture of Active Pharmaceutical Ingredients and was sold as such with all the rights and technical documentations. The appellants do not have any right on the technical information sold to M/s. Ranbaxy Ltd. It is not the case that they received any commission for the services rendered in the form of consultation fee. This is a case of transfer of technology without holding any rights and receipt of valuable sale consideration. In such a circumstance, the view taken by this Bench in the rulings rendered by this Bench and other Benches, as cited by the Counsel and noted supra, would apply to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
