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TMI Blog2016 (10) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeals) title Memorandum of Cross-objection, no payment of royalty has taken place. Impugned order passed without application of mind, as the appellant did not attend the personal hearing despite given many opportunities - the same is set aside - transaction value accepted - appeal allowed - decided in favor of appellant. - Appeal No. C/653/05 - A/89883/16/CB - Dated:- 1-9-2016 - Shri Ramesh Nair, Member (Judicial) And Shri Raju, Member (Technical) Shri Prakash Shah, Advocate for Appellant Shri Chatru Singh, Assistant Commissioner (A.R) for respondent ORDER Per Raju The appeal has been filed by M/s. Miranda Amsaw Pvt. Ltd. against the order of Commissioner (Appeals) setting aside the order of Dy. Commissioner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 (a, b c) of the Joint Venture Agreement read as follows: Clause 7 (a)- ASMCI will enter into and execute a separate technology transfer agreements with the JVC by which ASMCI will provide technology to the JVC for manufacturing bimetal products. Only on the sale of such bimetal products for the manufacture of which ASMCI has provided technology consideration will be paid. Clause 7 (b)- For the duration of technology agreement ASMCI shall grant the JVC an exclusive non-transferable licence to manufacture bimetal products in accordance with ASMCI s technical know how and to sell ASMCI products. Clause 7 (c)- ASMCI agrees to enter into a non-exclusive Trademark Registered Users Agreements with the JVC in respect of such of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the appellant held clearly informed as follows: Clause 7(a), 7(b), 7(c): These clauses refer to the Technology Transfer Agreement in the JV Agreement under reference. There has been no transfer of technology for manufacturing any bimetal products, from the American company to the Indian company, upto now. Hence, no technology transfer agreement has been signed between the parties. Consequently, no payments whatsoever have been made to the American company under Royalty . Similarly, no manufacturing license or trademark users agreements have been signed as yet . In view of above, the grounds of appeal made before Commissioner (Appeals) have no merit. Further it is noticed that the impugned order observe that I have gone thro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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