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2014 (7) TMI 821 - AT - Service TaxWaiver of pre-deposit - Intellectual property rights - Purchase of trademark of foreign company under permission obtained from RBI - Held that:- appellant has made out a prima facie case against the impugned demand - It was found that there was no actual purchase of brand. This finding was recorded after a reading of the Deed of Transaction dated 12-9-2006, which we have also perused. The recitals of that document prima facie indicate absolute transfer of trademarks and Foster’s Brand Intellectual Property from the foreign company to the assessee. It is also on record that the appellant qua owner of the trademarks obtained registration in India under the Trademarks Act. It is also on record that they paid stamp duty on the entire consideration paid by the appellant-company for purchase of trademarks. The RBI’s permission was also for such purchase of the trademarks. Thus the documentary evidence in this case is abundantly in support of the appellant’s case. Hence there will be waiver of pre-deposit and stay of recovery in respect of the adjudged dues - Stay granted.
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