2013 (11) TMI 885 - AT - Customs

Valuation of goods - Royalty payment of goods - Held that - As per the terms and conditions of the license agreement, the royalty payment is for the use of trade mark and the cost of raw materials/components imported by the appellant from the foreign principal or from their subsidiary/affiliated companies is excluded while computing royalty. In other words the royalty paid has no nexus either with the price of the imported components nor it is a condition of sale of the imported components. Therefore, the question of adding the royalty either under Rule 9(1)(c)/10(1)(c) or 9(1)(d)/10(1)(d) of the Customs Valuation Rules, 1988/2007 does not arise and transaction value has to be accepted - Decided in favour of assessee.

Summary

Issues: Valuation of imported goods under Customs Valuation Rules, 1988/2007; Influence of relationship between importer and supplier on transaction value; Royalty payment and its impact on customs valuation.

Valuation of Imported Goods under Customs Valuation Rules, 1988/2007:
The case involved a declaration filed by M/s. SGL Carbon India Pvt. Ltd. under Rule 10 of Customs Valuation Rules, 1988/2007 for goods imported from a related foreign supplier. The valuation was referred to the Special Valuation Branch for investigation. The Asstt. Commissioner and Dy. Commissioner of Customs confirmed that the transaction value was not influenced by the relationship, leading to acceptance of the transaction value for customs duty assessment. However, a review was initiated by the Revenue after three years, raising concerns about royalty payment and its attribution to the imported goods' value.

Influence of Relationship on Transaction Value:
The lower Appellate Authority, based on the Revenue's appeal, held that the relationship between the importer and supplier influenced the price of imported goods, directing the adjudicating authority to reconsider the valuation. The appellant contested this decision, arguing that the Appellate Authority lacked the power to remand the case and that the relationship did not impact the price. The appellant highlighted that the royalty payment was unrelated to the imported components' price, as per the trade mark agreement terms, and should not be included in the customs valuation.

Royalty Payment and Customs Valuation:
The appellant's counsel emphasized that the royalty payment, calculated at 1.5% on net sales, excluded the cost of imported materials, indicating no influence on the imported goods' value. The Tribunal analyzed the licence agreement terms and concluded that the royalty was for trade mark use, not linked to imported components' price. Therefore, the Tribunal ruled that adding royalty to the customs valuation under Customs Valuation Rules, 1988/2007 was unwarranted, and the transaction value had to be accepted.

The Tribunal set aside the lower Appellate Authority's decision, noting the lack of findings on the Revenue's appeal points and the incorrect remand of the case. By considering the royalty agreement terms and its detachment from imported components' price, the Tribunal allowed the appeal and disposed of the stay application. The judgment emphasized the importance of adhering to the Customs Valuation Rules and ensuring that external factors like royalty payments do not unduly impact the valuation of imported goods.