2015 (12) TMI 260

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....wani, AR, for the Respondent. ORDER This stay petition has been filed by the appellant with respect to O-I-A No. AHM-SVTAX-000-APP-070-14-15, dated 16-6-2014. 2. Shri Jigar Shah (Advocate) appearing on behalf of the appellant argued that as per the agreement entered between the appellant and M/s. Eugenex Biotechnologies a product 'Cell Clone' was obtained from M/s. Eugenex Biotechnologies ....

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....424 (Tri.-Mum.) wherein in a similar situation a complete waiver has been given to the appellant in that case. 3. Shri Anil Gidwani (AR) appearing on behalf of the Revenue argued that technology has not been transferred to the appellant permanently by M/s. Eugenex Biotechnologies and periodically royalties are to be remitted as per clause 5.4 of the contract entered between the appellant and....

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....2; years. Prima facie, it appears that transfer of patent right and technology are not permanently transferred to the appellants. However, appellant has relied upon Para 9.1, (reproduced below), of C.B.E.& C. Circular No. 80/10/2004-S.T., dated 17-9-2004 to argue that IPR Services are not attracted to an IPR registered outside India :- "9.1 Intellectual property emerges from application of i....