9911796707
TMI Blog2019 (4) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... d:- 26-3-2019 - Mr. Anil G. Shakkarwar, Member (Technical) And Mr. Ajay Sharma, Member (Judicial) Shri Atul Gupta (Adv.) Shri Ayush Agarwal (Adv.) for Appellant Shri Mohd. Altaf (Asstt. Commr.) AR for Respondent ORDER Per: Anil G. Shakkarwar After hearing both the sides duly represented by Shri Atul Gupta learned advocate on behalf of the appellant also referred to as DRF and Shri Mohd. Altaf learned A.R. on behalf of the Revenue, we note that in the present case the demand has been confirmed against the appellant under the category of Intellectual Property Right Services . The facts of the case are that the appellant has entered into two agreements with Alembic Ltd. and Dabur Pharma Ltd. The terms of agre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rocess improvement, packaging, drug delivery systems and all other techniques, information, methods, controls, data likely to assist in the manufacture of the said products including the improvements therein. 2. The all inclusive lump sum consideration for the transfer of the Know-How shall be a sum of ₹ 16,00,00,000/- (Rupees Sixteen crores) only to be paid in one or more instalments as may be mutually decided by and between the parties hereto. The said consideration shall be inclusive of all applicable taxes. 3. DRF hereby convenants with Alembic that it has full right and absolute authority to transfer the Know-How with all rights appurtenant thereto. 4. The Transfer of the Know-How shall be carried out in one or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lectual Property and Know-How is hereinafter collectively referred to as the Scheduled Intellectual Property . 2.3 Whereas the Parties have agreed that the Assignor shall assign to the Assignee its entire right, title and interest in the Scheduled Intellectual Property . 3.1 Pursuant to this Agreement and in consideration of the sum of 1,80,00,000 (Rupees One Crore Eighty Lakhs only) now paid to the Assignor by the Assignee (the receipt and sufficiency of which the Assignor hereby acknowledges), the Assignor hereby sells, assigns and transfers absolutely and free from all encumbrances, to the Assignee, all its right, title and interest in the Scheduled Intellectual Properly together with the right to recover and take all proce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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