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2017 (7) TMI 645 - CESTAT MUMBAIIntellectual Property Service - Royalty paid to holding company in USA - whether royalty paid would be classified under 'Intellectual Property Service' or otherwise? - Held that: - in appellant's own case Fluent India Pvt. Ltd. Versus Commissioner of Central Excise, Pune-I [2016 (1) TMI 442 - CESTAT MUMBAI], the Co-ordinate bench of this Tribunal has decided the issue in hand wherein it was held that The appellant is merely distributing, marketing and supporting set of computer programme known as FI software. There is absolutely no indication of any transfer of intellectual property right on a plain reading of the Agreement. Neither do we find any hidden or deeper meaning in the Agreement which would indicate transfer of intellectual property right. The royalty paid by the appellant to their holding company in USA towards the that receipt and use of software does does not fall under the 'Intellectual Property Service' - the demand raised by the Revenue was set aside - appeal allowed - decided in favor of appellant.
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