KOPRAN LTD. Vs. COMMISSIONER OF CENTRAL EXCISE

JUDGEMENT

(1.) IN this application, the appellant seeks waiver of pre -deposit and stay of recovery in respect of service tax of Rs 46,02,944/ - demanded by the Commissioner for the period January 1998 to March 2002 and also in respect of the penalties imposed by him under various provisions of the Finance Act, 1994.

(2.) AFTER examining the records and hearing both sides, we find that this is a fit case for summary disposal of the appeal. Accordingly, after dispensing with pre -deposit, we proceed to deal with the appeal itself.

(3.) THE second agreement, on the basis of which service tax has been demanded from the appellant, is the one between the appellant and M/s Global Pharma Co LLC, a company incorporated under the laws of the Emirate of Dubai and the Federal Laws of the United Arab Emirates. Under this agreement, the appellant received from the foreign company an amount of US$ 10 lakhs as consideration for transfer of technical know -how for operating a pharmaceutical manufacturing plant in Dubai. Moreover, the appellant also received separate consideration @0.5% of the Net Invoice Price of products sold within the territory of the Gulf Co -operation Council, from M/s Global Pharma. These amounts collected by the appellant from M/s Global Pharma have also been subjected to levy of service tax.