https://www.taxtmi.com/caselaws?id=235824 Transfer of technology and confidential information under the settlement agreement was held not to constitute taxable intellectual property right service under the Finance Act, 1994. The decisive factors were that the know-how was treated as trade secrets or confidential information, no Indian law then recognised such undisclosed information as an intellectual property right for service tax purposes, and the agreement conferred co-ownership with full rights to use, assign, sell, license, transfer or convey the interest. That arrangement was inconsistent with a mere temporary licence or permission to use. The service tax demand was therefore unsustainable. en-us Tue, 28 May 2013 00:00:00 +0530 Tue, 02 Dec 2014 11:42:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=235824 Transfer of technology and confidential information under the settlement agreement was held not to constitute taxable intellectual property right service under the Finance Act, 1994. The decisive factors were that the know-how was treated as trade secrets or confidential information, no Indian law then recognised such undisclosed information as an intellectual property right for service tax purposes, and the agreement conferred co-ownership with full rights to use, assign, sell, license, transfer or convey the interest. That arrangement was inconsistent with a mere temporary licence or permission to use. The service tax demand was therefore unsustainable. Case-Laws Service Tax Tue, 28 May 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=235824