2013 (2) TMI 271

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....iled by the appellant seeks waiver of pre-deposit and stay of recovery in respect of the adjudged dues which include an amount of Rs. 16,67,197/- demanded towards service tax and education cesses for the period from 01/05/2006 to 31/03/2007. The entire demand is under the head 'intellectual property service' received from M/s. PCC Advanced Forming Technology, Inc., USA. The appellant had obtained ....

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....entitled to make and use products in India with the licence granted by the foreign company against continued payment of royalty at the aforesaid rate on the net sales of products by the appellant in the US market. The new agreement also provided for a maximum limit of royalty payments (US $ one lakh) subject to condition that there shall be no royalty payments for sales made after 30 th April 2008....

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....pellant was receiving intellectual property service from the US-company and was paying a commercial consideration for that service by way of royalty. Therefore, the appellant has no prima facie case on merits against the impugned demand of service tax. 3. The learned counsel has relied on decisions like OEN India Ltd., Vs. CCE, Cochin [2008 (088) RLT 0320 (CESTAT-Ban.)], Modi-Mundipharma Pvt. Ltd....