Case Law Details
Fresenius Kabi Oncology Ltd. Vs Union of India and others (Punjab and Haryana HC)
Introduction: The Punjab and Haryana High Court recently issued a significant judgment in the case of Fresenius Kabi Oncology Ltd. vs. Union of India and others. The court addressed the claim for a refund filed by Fresenius Kabi Oncology Ltd. (FKOL) for the period July 2017 to March 2019. The crux of the matter was whether the innovation and development services provided by FKOL to a German company, Fresenius Kabi Deutschland GmbH Germany (FKDG), could be considered an export of service.
Detailed Analysis:
1. Background of Fresenius Kabi Oncology Ltd. (FKOL): FKOL is a prominent pharmaceutical company specializing in the production of anti-cancer drugs and innovation in the field of oncology drugs. They maintain global standards and operate with a strong focus on research and development (R&D). FKOL has a state-of-the-art Innovation and Development Centre in Gurugram, Haryana, recognized by the Department of Scientific and Industrial Research (DSIR).
2. Services Provided by FKOL: FKOL is engaged in the development, manufacture, and production of specialty pharmaceutical products in the field of oncology. They also produce Active Pharmaceuticals Ingredients (APIs) and Finished Dosage Forms for chemotherapy. FKOL’s services include clinical research, medical services, intellectual property management, and project management. They invest significantly in R&D and have intellectual property rights in various drugs and manufacturing processes.
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