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2008 (1) TMI 632 - CESTAT, NEW DELHIWaiver of demand of tax and penalty - Commissioner treating service activities as covered under Section 65 (55a) of the Finance Act, 1994 is wrong in as much as the Intellectual Property Right transferred by assessee for consideration was not in respect of Trade Mark registered under the law - Held that: - though the company was having a registered Trade Mark in respect of 'Shoes' such a Trade Mark was transferred to the manufacture of Foam to a third party - It was contended that what was contemplated under Section 65 (55a) was only with regard to the Trade Mark owned by the appellant and not in respect of commodities for which such transfers had taken place which was not under the purview of law under Service Tax - applicant to deposit 50% of the tax raised - Stay application shall stand dismissed
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