2011 (8) TMI 1119

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....., For the Respondent R.K. Singla, JCDR P.G. Chacko (Oral): This application filed by the assessee (appellant) seeks waiver of pre-deposit of recovery in respect of Service Tax amount of over Rs. 1.2 crore and also penalties. The impugned demand is under the head 'Intellectual Property Service' defined under Section 65 (105) (zzr) read with the definitions of 'Intellectual Pro....

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....tage of net sales of the products, including exports. The main case of the appellant is that they are not liable to pay Service Tax on the royalty paid as consideration for purchase of technical know-how from abroad inasmuch as the technical knowhow is not recognized or protected by any law in India. In this connection, the learned counsel has invited our attention to the definition of "Intellectu....

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....tion in question was not exigible to Service Tax under the head "Intellectual Property Service" during the period of dispute inasmuch as the "Intellectual Property Right" acquired by them from abroad was not recognized or protected by any Indian law during the said period. Per contra, the argument of the learned JCDR is that the Patents Act enacted by Parliament is the law which provides for the p....