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TMI Blog2009 (7) TMI 967X X X X Extracts X X X X X X X X Extracts X X X X ..... an, JCDR, for the Respondent. [Order per : Chittaranjan Satapathy, Member (T)]. Heard Shri T.V. Suresh Kumar, Ld. Advocate, appearing for the appellants. He states that the impugned order has been passed by the lower appellate authority pursuant to remand order by the Tribunal. In the impugned order the lower appellate authority has included the technical licence fee and royalty in the v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same relates to the imported goods. On an enquiry from the Bench, he clarifies that there is no finding in the impugned order to the effect that the payments towards technical license fee and royalty were made as a condition of sale. 3. After hearing both sides, we find that the Hon ble Supreme Court in the case of Ferodo India (cited supra), has held as follows :- 16. Under Rule 9(1)(c) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... goods is the cost which is incurred by the buyer in addition to the price which the buyer has to pay as consideration for the purchase of the imported goods. In other words, in addition to the price for the imported goods the buyer incurs costs on account of royalty and licence fee which the buyer pays to the foreign supplier for using information, patent, trade mark and know-how in the manufactu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mported goods. He also incurs the cost of technical know-how. Therefore, the Department in every case is not only required to look at TAA, it is also required to look at the pricing arrangement/agreement between the buyer and his foreign collaborator. For example if on examination of the pricing arrangement in juxtaposition with the TAA, the Department finds that the importer/buyer has misled the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e requisite for supply of imported goods. In view of the clarification by the Ld. JCDR that there is no finding in the impugned order regarding such payments being a condition of the sale, we find no alternative but to set aside the impugned order and allow the appeal. We order accordingly. 4. The appeal is allowed. (Operative part of the Order dictated and pronounced in the open Court on 6-7- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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