9911796707
TMI Blog2005 (3) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 1988. In the impugned order the Commissioner (Appeals) has decided that the above mentioned amount is includible in the assessable value. The decision of the Commissioner (Appeals) is under challenge in this appeal. 2.Shri N. Venkataraman, ld. Counsel appeared on behalf of the appellants and Shri A. Jayachandran, ld. DR for the Revenue. 3.Ld. Counsel submitted that the items of import in this case are 2 sets of models and 3 moulds and some plastic components. The collaboration agreement is for the manufacture of contract products which are mentioned in Annexure-I of the agreement dated 5-8-85. As per the agreement the following are the contract products to be manufactured by the appellants in India on the basis of the technical kn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Mahindra Mahindra Ltd. [1995 (76) E.L.T. 481 (S.C.)] The Hon ble Supreme Court in this judgment had held that technical know-how fee cannot be added to the value of the CKD packs of Engines supplied to Indian manufacturer by the overseas supplier of technical know-how. The court had observed that there is no material to indicate any nexus between the lump sum payment and supply of CKD packs at the same price at which they are sold to others. The two were independent commercial transactions. Dealing between the parties was at arms length and the buyer and the seller has no interest in the business of each other. No material has been adduced by the Revenue to demonstrate that the price fixed in the invoice is not true or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs for greenware for each Model and Material Specifications of materials to be used in the Contract Product and the Moulds . The contention of the ld. JDR is that a combined reading of the Annexure and the para relevant to the payment of technical know-how indicates that payment of technical know-how fees is a condition of sale of the products to be valued. Under these circumstances he said the amount should necessarily be included in the assessable value. 5.We have gone through rival contentions. Rule 9(1)(c) of the Customs Valuation Rules, 1988 is reproduced as follows: Cost and Services. (1) 9. In determining the transaction value, there shall be added to the price actually paid or payable for the imported goods,- royalties and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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