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TMI Blog2014 (10) TMI 754X X X X Extracts X X X X X X X X Extracts X X X X ..... pre-requisite for the supply of the imported goods by the foreign supplier. If such a condition exists then the payment made towards technical know-how and royalties has to be included in the price of the imported goods. On the other hand, if such payment has no nexus with the wording of the imported goods then such payment was not includible in the price of the imported goods - provisions of Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufacturing activity in India. 3. Briefly stated facts of the case are that the appellants have imported certain goods from M/s. Emitec Gesellschaft Fur Emissionstechnologie GmBH (EGM Germany) who are the parent company of the appellant. Since both are related, case was registered with the Special Valuation Branch of the Customs House for valuation purposes. Besides importing the goods the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the impugned order whereby it is recorded that Technology License Agreement and the training therein is related to manufacturing of identical articles in India and has no connection with the trading of the imported goods. The contention is that Technology License Agreement is for providing Intellectual Property Right for the process of manufacturing of finished goods in India for which EGM Ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms of Rule 10(1)(c) which is reproduced here under for convenience of reference Rule 10(1)(c) - Royalties and license fees; related to imported goods that buyer is required to pay as a condition of sale of the goods From the above it is clear that royalty and licence fees can be included in the assessable value if the same is as a condition of sale of the goods. In the case of Ferodo India ..... X X X X Extracts X X X X X X X X Extracts X X X X
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