TMI Blog2014 (7) TMI 821X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he adjudged dues which include an amount of over ₹ 20 crores demanded towards Service tax and Education Cess for the month of November, 2006. The impugned demand is under the head Intellectual Property Service and the same has been estimated on the basis of the amount paid by the appellant to Foster s Australia in November, 2006 under RBI s permission. The said amount of USD 35 million ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat such registration was obtained by the appellant qua absolute owner of the trademarks and Foster s Brand Intellectual Property. This submission is evidenced by the relevant registration certificate (copy available on record). It is further submitted that the entire amount paid to the foreign company has been capitalized and mentioned in that manner in the books of account for 2006-07. It is fur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... convinced that the appellant has made out a prima facie case against the impugned demand. The finding recorded by the adjudicating authority in the very opening sentence of Para 67 of the impugned order appears to be incorrect. 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. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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