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TMI Blog2008 (7) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... e receiving the intellectual property right in respect of the designs for manufacture of parts of cycles on payment of royalty - not a fit case for total waiver of service tax – stay not granted completely - 395/2008 - ST/287/2008 - Dated:- 31-7-2008 - S/Shri S.S. Kang, Vice-President and Rakesh Kumar, Member (T) Shri Sudhir Malhotra, Advocate, for the Appellant. Shri R.K. Verma, DR, fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght. As per a scope of intellectual property right as defined under the Finance Act means any right to intangible property, namely, trade marks, designs, patents or any other similar intangible property, under any law for the time being in force, but does not include copyright. The contention is that in the present case there are no transfer of right to use trade marks, designs etc. The agreement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... being transferred to the applicant, therefore, is liable for service tax. 5. We find as per the agreement, the applicants are receiving the intellectual property right in respect of the designs for manufacture of parts of cycles and they are allowed to do so on payment of royalty. In these circumstances, it is not a fit case for total waiver of service tax. Taking into fact and circumstance of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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