2012 (9) TMI 528

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.... M V Ravindran: This Stay Petition is filed for waiver of pre-deposit of Service Tax of Rs.16,33,802/-, interest thereof and penalties under Sections 76 and 78 of Finance Act, 1994. 2. The above said amount is confirmed as Service Tax liability and penalties have been imposed and interest has been charged on the amount of Service Tax liability on the ground that the appellant has not dischar....

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.... that this Bench in the case of Agro Pack - 2009 (240) ELT 135 (Tri-Ahmd) and in the case of MIDCO Ltd - and in the case of Shree Rama Multi-Tech Ltd -2009 (238) ELT 699 (Tri-Ahmd), has been taking a view that if an audit objection is raised and Show Cause Notice issued after a period of 2 years, extended period cannot be invoked. 5. Ld.Commissioner (A.R.), on the other hand, submits that on me....

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....chnical knowhow by the licencee to any other person who wish to manufacture same product by using the process developed by the appellant herein. This itself would indicate that there is no permanent transfer of intellectual property right to the licencee in the agreement. Be that as it may, we are of the view the appellant has not made out a prima facie case for complete waiver of pre-deposit of t....