2006 (4) TMI 41

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....he lower authority. While hearing the said application we find that the matter is squarely covered by the decision of the Tribunal and therefore we decided to dispose off the appeal itself by waiving the pre-deposit with consent of both sides. 2. The learned advocate for the appellant submits that the appellant a foreign company is providing technical know how and technical assistance, transfer o....

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....logy by foreign company to Indian company on payment of royalty in consideration of such transfer was not service covered under Section 65 of the Finance Act, 1994 and therefore the demand of service tax is not sustainable. Similar decision was given in the case of Turbo Energy Ltd. v. Commissioner of Central Excise - 2006 (3) S.T.R. 678 = 2005 (187) E.L.T. 47 wherein it was held that the royalty ....