2003 (6) TMI 30 - AT - Customs

Summary

Issues involved:
The appeal challenges the order regarding the addition of lump sum royalty and running royalty to the invoice value of imported goods under Rule 9(1)(c) of the Customs Valuation Rules, 1988.

Summary:

1. The appellant, a joint venture company, imported capital goods and raw materials for manufacturing exhaust systems under a cooperation and technical license agreement. The issue was whether the lump sum royalty and running royalty were required to be added to the invoice value of the imported goods.

2. The Deputy Commissioner initially accepted the invoice value after enhancing it by 20%, but this decision was set aside by the Commissioner (Appeals) due to a violation of natural justice principles.

3. On re-adjudication, the Deputy Commissioner held that the royalties were not required to be added to the value of the imported goods under the Customs Valuation Rules. However, the Commissioner (Appeals) disagreed, citing a Supreme Court decision and held that the royalties were related to the imported goods.

4. The appellant argued that the royalties were not related to the imported goods and referenced a previous Tribunal decision in a similar case. They also highlighted that most imports were from unconnected parties and that the royalty payment had not been made due to financial difficulties.

5. The Departmental Representative contended that considering the agreement as a whole, the royalties would cover the imported goods.

6. The Tribunal found merit in the appellant's argument, stating that the royalties were payable in connection with the manufacturing process and not the import of goods. They distinguished the case from the Supreme Court decision and held that the royalties were not required to be included in the invoice value.

7. The Commissioner (Appeals) was found to have erred in concluding that the appellant was bound to purchase from the foreign collaborator and in stating that all capital goods and raw materials were purchased only from them. The decision to include the royalty in the invoice value was set aside, and the appeal was allowed with consequential relief granted to the appellant.