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TMI Blog2013 (9) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... merely because the importer and the foreign supplier are related persons, the transaction value cannot be rejected and the onus to prove that the declared price did not reflect true transaction value was always on the department and in the absence of any evidence that identical or similar goods imported by other importers are at higher price - the department was bound to accept the transaction value – decided in favour of assessee. - APPEAL No.C/928/12 - Final Order No. A/379/2013-WZB/C-I(CSTB) - Dated:- 7-1-2013 - Mr. P. R. Chandrasekharan and Mr. Anil Choudhary, JJ. For the Appellant: Shri. P. George Varghese, Advocate For the Respondent: Shri. Amand Shah, Addl. Comm. (AR), JUDGEMENT Per: P.R.Chandrasekharan 1. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be accepted. The revenue filed an appeal against the said order before the Commissioner (Appeals) on the ground that there is a technical assistance, trade mark and royalty agreement between the appellants and their principal in Austria as per which the appellant is required to pay royalty to their foreign principal and, therefore, the payment of royalty has influenced the supply price in the instant case. The said appeal was considered by the lower appellate authority, who held that the appellant had also imported capital goods from their parent company and are utilizing the technology/know-how by paying royalty for the same and therefore, the adjudicating authority has wrongly concluded that the relationship has not influenced the price. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into between the appellants and their foreign principal is for the manufacture of conveyor belts in India by the appellants and also for using the trade mark of the foreign principal at the time of marketing such manufactured goods. In consideration for the provision of know-how and grant of license, the appellants are required to pay royalty@ 3% for net domestic sales and for export. In other words, the royalty payments are made for the transfer of technical know-how for the conveyor belts manufactured in India by the appellants. This is an independent transaction and has nothing to do vis-vis the import made in this case which is from an associate company in France. Further, the assessing authority has compared the price of imports with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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