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2015 (5) TMI 499 - AT - Service TaxWaiver of pre-deposit - Intellectual Property Right Services - Held that:- Applicant has transferred their ownership right and knowhow to their clients and by receiving the consideration from their client. The clients have become absolutely owner of these rights. In these circumstances, we are convinced that the argument advanced by ld. Counsel for the applicant that it is a transaction of sale of goods i.e tangible goods. Therefore applicant is not liable to be taxed under Intellectual Property Right Services, the same view has been supported by the CBEC circular No. 80/10/2004-ST dated 17.9.2004 - applicant has made out a case of complete waiver of pre-deposit. Therefore, we waive the requirement of pre-deposit of entire amount of service tax interest and penalties and stay recovery thereof, during the pendency of the appeal. - Stay granted.
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