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2011 (8) TMI 41 - SC - CustomsValuation - Rule 2(2) of Customs Valuation Rules, 1988 - inclusion of royalty in the invoice value - when pre-recorded music cassette is imported as against the blank cassette, definitely its value goes up in the market which is in addition to its value and therefore duty shall have to be charged on the value of the final product - There is an agreement existing in all the matters that royalty payment is towards money to be paid to artists and producers who had produced such cassettes - It could therefore, be concluded that the payment of royalty was a condition of sale - value of the royalty paid is to be included in the transaction value. - commentary on the GATT Customs Valuation Code is not applicable.
Issues Involved:
1. Valuation of imported audio compact discs (CDs) for customs duty purposes. 2. Inclusion of royalty payments in the transaction value of imported goods. 3. Relationship between importer and supplier affecting the transaction value. 4. Applicability of Customs Valuation Rules, 1988 and relevant case laws. Issue-wise Detailed Analysis: 1. Valuation of Imported Audio Compact Discs (CDs): The primary issue revolves around the correct valuation of imported audio CDs for customs duty purposes. The Respondent-company imported CDs from Singapore and Australia, declaring values of USD 0.6 and 1.62 Australian Dollar per CD, respectively. The Assistant Commissioner assessed the CDs' value, allowing deductions except for advertisement and publicity expenses, fixing the assessable value at Rs.100 per CD for Singapore imports and Rs.199 per CD for Australian imports. The Commissioner (Appeals) upheld this valuation, but the CEGAT set aside the Commissioner's order, favoring the Respondent. 2. Inclusion of Royalty Payments in the Transaction Value: A significant contention was whether royalty payments should be included in the transaction value of imported goods. In Civil Appeal No. 2959 of 2008, the Deputy Commissioner of Customs included royalty payments in the transaction value, considering it a condition of sale. However, the Commissioner (Appeals) and CESTAT rejected this inclusion, stating that the royalty was not a condition of sale. Similar issues were raised in Civil Appeal No. 4751 of 2006, Civil Appeal No. 2832 of 2006, and Civil Appeal No. 1 of 2009, where the inclusion of royalty in the transaction value was debated. 3. Relationship Between Importer and Supplier Affecting the Transaction Value: In several appeals, the relationship between the importer and supplier was scrutinized under Rule 2(2) of Customs Valuation Rules, 1988. For instance, in Civil Appeal No. 2959 of 2008, the Deputy Commissioner held that the Respondent and the supplier were related, affecting the transaction value. This relationship was also examined in Civil Appeal No. 4751 of 2006, where the Deputy Commissioner initially found no impact on prices due to the relationship, but the Commissioner (Appeals) disagreed, leading to further appeals. 4. Applicability of Customs Valuation Rules, 1988 and Relevant Case Laws: The judgment extensively discussed the applicability of Section 14 of the Customs Act, 1962, and the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. The Supreme Court referred to Rule 9(1)(c), which mandates the inclusion of royalties and license fees in the transaction value if they are conditions of sale. The Court also cited precedents like Commissioner of Customs Vs. Ferodo India Pvt. Ltd. and Associated Cement Companies Ltd. Vs. Commissioner of Customs to emphasize that royalties related to the imported goods must be included in the transaction value if they constitute a condition of sale. Conclusion: The Supreme Court concluded that the value of royalties paid is to be included in the transaction value of imported pre-recorded music cassettes, as these payments were conditions of sale. The Court set aside the Tribunal's orders in Civil Appeal Nos. 8627-8628 of 2002, Civil Appeal No. 2959 of 2008, Civil Appeal No. 4751 of 2006, and Civil Appeal No. 2832 of 2006, restoring the Department's order. However, Civil Appeal No. 1 of 2009 was dismissed. The judgment underscores the importance of including royalties in the transaction value when they are conditions of sale, aligning with the Customs Act and Valuation Rules.
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