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Transfer of technical know-how and patent under slump sale is not leviable to service tax
Case Law Details
- Case Name
- Gharda Chemicals Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Ahmedabad
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Gharda Chemicals Limited Vs Commissioner of Central Excise & ST (CESTAT Ahmedabad)
CESTAT Ahmedabad held that transfer of technical know-how and patent etc. are in pursuance to the slump sale and not by way providing the service do not fall within the definition of “Scientific and Technical Consultancy Service” and “Intellectual Property Service”. Accordingly, demand of service tax not sustainable.
Facts- The appellant was engaged into polymer business through its Polymer division located at Panoli, district Bharuch. The Appellant intended to sell the said Division...
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