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    <title>2005 (9) TMI 654 - CESTAT MUMBAI</title>
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    <description>Royalty paid for technical know-how and use of technology was treated as consideration for supply of know-how, not as payment for consulting engineer service. The Tribunal noted that earlier rulings had held such royalty does not, by itself, create a service relationship with the foreign collaborator, and the Indian recipient cannot be fastened with service tax liability merely as an authorised agent because the royalty was stated to be net of taxes. For the period before 16 August 2002, those earlier decisions were applied, and the tax demand and consequential penalties were held unsustainable.</description>
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      <description>Royalty paid for technical know-how and use of technology was treated as consideration for supply of know-how, not as payment for consulting engineer service. The Tribunal noted that earlier rulings had held such royalty does not, by itself, create a service relationship with the foreign collaborator, and the Indian recipient cannot be fastened with service tax liability merely as an authorised agent because the royalty was stated to be net of taxes. For the period before 16 August 2002, those earlier decisions were applied, and the tax demand and consequential penalties were held unsustainable.</description>
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