2005 (4) TMI 3

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ronics Co. Limited, Korea. The Indian subsidiary and the Korean parent got into "Technology Licence" and "Trade Mark" Agreements. Based on the technology and trade marks so transferred the Indian company manufacture washing machine, colour television in India. The agreement was entered in September 1995 and commercial production started from 17-6-97. In terms of the agreements the Indian Co. made "know-how fee" and "royalty" payments from July, 1998 to June 2002. 3. The Central Excise authorities considered the agreements to be ones for 'engineering consultancy' and demanded service tax in regard to the payments made. The appellants contended that the transaction involved transfer of intellectual property like know-how, trade mar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rused the records and considered the submissions made by both sides. 5. The contention of the appellant-company is that no service tax was attracted as engineering consultancy in regard to technology and trade mark agreements. It is being pointed out that know-how patent, trade mark are intellectual property and trading in them is not rendering any service, but is transfer of property. It is also being contended that the issue raised in this appeal remains covered in favour of the appellants by the judgment of this Tribunal in the case of M/s. Bajaj Auto Limited v. CCE&C, Aurangabad - 2005 (179) E.L.T. 481 (T) = 2004 (65) RLT 857 and Navinon Ltd. v. CCE, Mumbai-VI - 2004 (172) E.L.T. 400. It is being pointed out that the very issues came....