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TMI Blog2014 (11) TMI 22X X X X Extracts X X X X X X X X Extracts X X X X ..... re of Dis Brake Systems for two wheelers - explanation only added that such royalty would be includable’ in the case even if the imported goods have undergone the said process after importation of such goods. The department could not show that the royalty and other charges were for the to the imported goods and they were as a condition of sale of such imported goods. Undisputedly the royalty on te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efly stated facts of the case are that the appellants have imported components raw material and capital goods for manufacture of Dis Brake Systems for two wheelers from M/s. Brembro, Italy. The appellants are subsidiary of M/s. Brembro, Italy, therefore, the case was registered with SVB for valuation purpose. The lower adjudicating authority loaded the assessable value that the element of royalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ished products. The contention is that they are paying royalty for the operation of element of technical know-how and not on the value of the imported goods. 5. The contention of the learned A.R appearing for the department is that after addition of explanation to Rule 10(1)(c). The situation had undergone change even if the goods are processed then the royalty/additional consideration/other ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ully considered the submissions and perused the records. The department has sought to load royalty relating to the technical know-how as per Rule 10(l)(c). Undisputedly the appellants have imported components for the manufacture of Dis Brake Systems for two wheelers. The department has sought to load the assessable value as per Rule 10(l)(c) which is reproduced for convenience of the reference :- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In case of imported goods (ii) As condition sale of goods And the explanation only added that such royalty would be includable in the case even if the imported goods have undergone the said process after importation of such goods. The department could not show that the royalty and other charges were for the to the imported goods and they were as a condition of sale of such imported goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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