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TMI Blog2008 (2) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... ts herein had registered their project and under the Project Import Scheme for capital goods required for initial setting up of a plant for manufacture of partially oriented filament yarn. They had entered into a technical collaboration agreement with M/s. Kohap Ltd., South Korea, under which technical engineering data, drawings and know-how were to be provided by M/s. Kohap Ltd. on payment of lum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payment, therefore, could not be included in terms of Rule 9(1)(b)(iv) of the Customs Valuation Rules. She held that Rule 9(1)(c) of the Valuation Rules was also not applicable as the payment did not relate to the imported goods. The further reasoning given by the adjudicating authority was that the payment made by the importers to the suppliers was not a condition of sale of the imported goods. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urned with a postal remark "left". 3. As per the contract entered into between the respondents and M/s. Kohap Ltd., the break-up of the contracted amount of US$ 53,75,000/- CIF Mumbai is as under :- (a) Engineering and know-how fees - US$ 3,00,000/- (b) Equipment and machinery - US$ 50,75,000/- The contract sets out that the respondents wished to establish a new unit for manufacturing polyeste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to accept that the technical know-how provided by Kohap Ltd. to the respondents, for which fees were paid by the respondents, did not relate to the plant & machinery imported by the respondents but related to the manufacture of polyester yam. Further, as rightly pointed out by the learned SDR, the condition for sale can be implied and the contract need not expressly provide for it. In this case, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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