2009 (4) TMI 140

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... B.S.V. Murthy, Member (Technical) (Final Order No. A/1192/WZB/Ahd/2009-CII dt. 21.4.2009 certified on 18.6.2009 in Appeal No. ST/231/2005) Shri S.R. Dixit, Adv. for Appellant. Shri S.R. Prasad, SDR for Respondent. Per B.S.V. Murthy: Appellants are challenging demand for service tax of Rs. 72,115/-with equal amount of penalty under Section 76, Section 78 and penalty under Section 77 of Finance .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... well settled legal position that technical know how is an asset/property and transfer of the same cannot be subjected to service tax. Learned DR on the other hand submits that the appellants had shown this amount under the heading "other income" in their balance sheet and when enquired they had not submitted any supporting document or agreement to show that the amount received was as a result of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... advice, consultancy to technical assurance in any manner to a client in one or more disciplines of engineering". 4. The lower authorities have taken a stand that assessee did not produce any evidence to show that what was sold was technical know how. However, there is no indication to show whether the officers of the department conducted proper investigation to bring out the truth. The departmen .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X