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2007 (2) TMI 58

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..... d:- 5-2-2007 - [Order per: C.N.B. Nair, Member (T)].- The appeal is directed against denial of refund of Rs.1,56,250/- which was paid by the appellant during the investigation of service tax liability of the appellant. The liability itself was in regard to purchase of technical know-how by the appellant from M/s. Lizzini SPA. 2. Under the impugned order, it has been held that the agreement .....

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..... s of the Licensor which the Licensor has filed or file for said Technical Information, exclusive, transferable rights to manufacture Contract Products in India and to sell Contract Products in accordance with Article 7.2. The Licensee shall make arrangement for the selling of Contract Products in India and export thereof to other countries all over the world, except Europe where sales can only b .....

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..... r of exclusive license, technical information and assistance for manufacture and sale of CNC Internal Grinding Machines ' Polar model and its variants. There is no element of consultancy. 5. In the result, no service tax was payable by the appellant. The amount paid during the period is, therefore, liable to be refunded. The impugned order is set aside and the appeal is allowed with consequent .....

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