2008 (1) TMI 99

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....r. T.V. Sairam, Member (T) [Order Per. S.S. Kang, Vice-President].-1.  Heard both sides. Revenue filed these appeals against the impugned order passed by the Commissioner (Appeals). The Commissioner (Appeals) in the impugned order held that the agreement in question is in respect of transfer of Intellectual property service and is not for providing service as consulting engineer. The Commi....

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.... question is regarding transfer of technical information by way of transfer of Intellectual property service and it cannot be said that the agreement is for receiving technical assistance. The contention is that as per the payment clause, the licensee has to pay to licensor a sum of British Ponds 2,50,000. The contention is that the clause of agreement regarding technical assistance was optional. ....

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....we find that in this case, the Tribunal held that in the case of Composite Contract Agreement in respect of know-how all the payments accept those which are specifically related with license and which did not any form of technical assistance, including thereunder will have to be separated, no tax would be chargeable in respect of such licensing fee attributable to the rights convert under the agre....