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TMI Blog2012 (5) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... transfer/technical know-how is a secret of their trade activity and is not registered as a patent and therefore they are not liable to service tax under Intellectual property right service and the same was brought in the knowledge of the department by filing the Service Tax Returns - even, if the applicant had paid the service tax, the same was entitled to credit, there is a revenue neutral situat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted that the applicant has received services of IPR as well as technical know-how and the activity of technology transfer is a secret one and is not covered under Patent. Therefore, they were under the bonafide belief that they were not liable to pay service tax for the service of technology transfer. It is also contended that those patents which are registered in India are only are liable to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide belief. Therefore the demands are not sustainable being a revenue neutral situation. To support this he relies on the judgement of Reliance Industries Ltd. 2009 (241) ELT 153 which has been confirmed by the Hon'ble High Court in 2010 (255) ELT A77 and CCE vs. Indeos 2010 (254) ELT 628. 3. On the other hand, the stay application has been strongly opposed by Shri V.K. Singh, AR on the premi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cumstances, in the light of the above cited case laws by the ld. counsel, there is a revenue neutral situation, therefore, the applicant has made out a strong prima facie for waiver of pre-deposit. Accordingly, we waive the requirement of entire amount of service tax interest and penalty and stay recovery thereof during the pendency of the appeal.
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