2015 (10) TMI 830

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..... no import of goods on the value of which the amount of royalty is sought to be added. There is no evidence of actual import in the appeal papers. In any case we note that in terms of Rule 10(1)(c) of the Customs Valuation Rules, royalty may be added to the price of the goods only if the same is a condition of the sale of the imported goods being valued. This is established law as held in various .....

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..... d M/s. Eagle Industry Company Ltd., Japan. The agreement provides for one time lump sum payment of US $1,25,000/- for obtaining license of technology, processes, technical know-how, drawings etc. and royalty payment of 2% commencing from the commencement of sale of Eagle products. Under the Agreement only technical know-how is provided for the said payments. The appellant are required to maintain .....

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..... terms of Rule 10(1)(c) of the Customs Valuation Rules, royalty may be added to the price of the goods only if the same is a condition of the sale of the imported goods being valued. This is established law as held in various judgments of the Apex Court including the case of Commissioner of Customs Vs. Ferodo India Pvt. Ltd. 2008 (224) E.L.T. 23 (S.C.). Revenue has not established that the royalty .....

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