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TMI Blog2012 (5) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... ice of the imported goods are not affected by the related person. Therefore, we do not find any infirmity with the impugned order and we do not find any reason to interfere with the same - Decided against Revenue. - C/918/2003 - A/402/2012-WZB/C-II(CSTB) - Dated:- 8-5-2012 - S/Shri Ashok Jindal, P.R. Chandrasekharan, JJ. REPRESENTED BY : Shri S. Dewalvar, AR, for the Appellant. Shri G.B. Yadav, Advocate, for the Respondent. [Order per : Ashok Jindal, Member (J)]. Revenue has filed this appeal against the impugned order wherein the dropping of charge of valuation was confirmed by the first appellate authority. 2. The facts of the case are that the appellant is a Joint Venture Company (JVC) promoted by M/s. Nedwind Rhe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts and the foreign collaborators are related as per the Valuation Rules. The issue to be seen is whether the said relationship has affected the assessable value of the imported components. In this context it may be seen that there is no import of any capital goods and only components have been imported. Moreover, duty has also been paid separately on the imported designs and drawings. The law in respect of inclusion of technical know-how fees and royalty is very velar. The same can be added if there is a pre-condition for the sale. However, it is evident from the agreement that the respondent are not bound to procure the components from the foreign collaborators only. Para 6.5 of the agreement clearly allows them to procure the components, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plicit that the appellants are at liberty to procure components, parts and accessories from abroad or within India subject to certain specification and approval from their foreign collaborators. 5. We have gone through the impugned order. As per the impugned order and clause 6.5 of the agreement there is no restrictions for procuring components, parts/accessories on the appellant. Therefore, the only condition is for the standard and specification of the said components and parts. This condition does not effect the value of the imported goods. 6. As the issue has also been dealt by both the lower authorities and the finding of the Commissioner (Appeals) are discussed herein above, we hold that the price of the imported goods are not aff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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