2008 (2) TMI 147 - AT - Customs

Project import - it is difficult to accept assessee s plea that technical know-how provided by foreign collaborator didn t relate to the plant & machinery imported but related to the mfg. of polyester yam revenue establish that plant & machinery imported couldn t have been put into operation by assessee without the technical know-how - technical know-how fee for supply of know-how of plant & machinery is required to be included in the AV of goods imported in terms of Rule 9(1)(b)(iv) CVR

Summary

Issues:
1. Inclusion of technical collaboration fees in the transaction value of imported goods.
2. Applicability of Customs Valuation Rules regarding technical know-how fees.
3. Interpretation of the contract between the parties and its impact on the valuation of imported goods.

Analysis:
1. The case involved a dispute regarding the inclusion of technical collaboration fees in the transaction value of imported goods under the Project Import Scheme. The customs authorities provisionally registered the contract with 4.18% EDD pending final decision, as they considered the payment of US$ 3,00,000 for technical know-how as part of the transaction value. The Assistant Commissioner initially ruled in favor of the importers, stating that the payment did not relate to the imported goods but to the manufacture of the end product. However, the Revenue appealed, arguing that the technical know-how fee should be included in the assessable value of the imported goods.

2. The Appellate Tribunal analyzed the contract between the parties and the breakdown of the contracted amount. It was noted that the respondents intended to establish a new unit for manufacturing polyester yarn and had contracted to purchase equipment and machinery along with technical know-how from the supplier. The Tribunal observed that the technical know-how provided by the supplier was essential for the successful operation of the imported plant & machinery. Referring to Rule 9(1)(b)(iv) of the Customs Valuation Rules, the Tribunal concluded that the technical know-how fee should be included in the assessable value of the imported goods. The Tribunal emphasized that the technical know-how was a condition of sale of the imported items, thereby supporting the Revenue's appeal.

3. The Tribunal rejected the argument that the technical know-how fees did not relate to the imported goods, highlighting that the supplier was not the manufacturer of polyester yarn but specialized in providing technical know-how for manufacturing plants. The Tribunal also emphasized that even if a condition for sale is not expressly provided in the contract, it can be implied. By considering the essential nature of the technical know-how for operating the imported machinery, the Tribunal overturned the previous decision and allowed the Revenue's appeal, setting aside the impugned order. This judgment clarified the interpretation of the contract and its impact on the valuation of imported goods under the Customs Valuation Rules.