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2018 (4) TMI 727

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..... no Service Tax liability will arise in respect of such trade secrets regarding nature, process of products etc. - appeal allowed - decided in favor of appellant-assessee. - 54737 of 2014 - ST/A/50854/2018 - Dated:- 27-2-2018 - MR. JUSTICE (DR.) SATISH CHANDRA, PRESIDENT AND MR. B. RAVICHANDRAN, MEMBER (TECHNICAL) Appellants (Rep. by Sh. T.R. Rustogi, Adv.) Respondent (Rep by Sh. Am .....

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..... agreement dated 30/06/2007 between the appellant and DSL. It is mentioned in the said agreement that the appellant has along years of experience in the formulae, development, processing and manufacturing of perfumery products, aromatic spices, herbal products etc. They have technical information and highly developed knowhow, secret techniques relating to the manufacture and composition of perfume .....

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..... vice tax levy is not dependent on the fact that trade mark, design, patent etc. should be registered. He held that IPR relating to unregistered trade mark, patent etc. are also liable to service tax. We find such observation by the Original Authority missed the statutory scope of tax entry in terms of Section 65 (55a). It is clear that to be a taxable IPR under Finance Act, 1994, the same should b .....

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