2012 (5) TMI 678

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....he Respondent : Shri V.K. Singh, AR ORDER PER: ASHOK JINDAL, MEMBER (JUDICIAL) The applicants are seeking waiver of pre-deposit of service tax confirmed under Intellectual property right services for the technology transfer under the reverse charge mechanism for the service received by them from their foreign supplier who is located outside India having no office India for the period 18.4....

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.... Service Tax Returns and the receipt of these services were well within the knowledge of the department, therefore, demand for extended period are not sustainable. In alternative, he further argued that as the applicant themselves has to pay the service tax under reverse charge mechanism for which they are entitled to take credit immediately, therefore the whole exercise of revenue neutral, in tha....

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....sides. Considered the submissions. 5. As stated by the ld. counsel that the applicant were under bonafide belief that the service of technical transfer/technical know-how is a secret of their trade activity and is not registered as a patent and therefore they are not liable to service tax under Intellectual property right service and the same was brought in the knowledge of the department by fi....