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2015 (12) TMI 260 - AT - Service TaxWaiver of pre depposit - Intellectual Property Rights Services - Held that:- Agreement between appellant and M/s. Eugenex Biotechnologies that appellant has received certain patent rights and technology rights from M/s. Eugenex Biotechnologies registered at a place outside India. As per clause 4.2 of the contract appellant has certain rights to carry out modifications in the technology other than making any changes in the clone. Further as per the clause 3.1 of this agreement certain fixed cost has to be paid by the appellant to M/s. Eugenex Biotechnologies. As per clause 5.4 of the agreement, periodical royalties have also to be paid on regional basis by the appellant to M/s. Eugenex Biotechnologies for a period of 7½ years. Prima facie, it appears that transfer of patent right and technology are not permanently transferred to the appellants. However, appellant has relied upon C.B.E.& C. Circular No. 80/10/2004-S.T., dated 17-9-2004 to argue that IPR Services are not attracted to an IPR registered outside India - only those IPRs procured under Indian laws are to be covered under IPR services and those IPRs not covered by the Indian Laws would not be covered under taxable under IPR Services. In view of clarification issued by C.B.E. & C. appellant has made out a prima facie case for complete waiver of the confirmed demands and penalties - Stay granted.
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