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TMI Blog2016 (9) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... two agreements linking the royalty paid to sale of capital goods? - Held that: - there is no direct link between the two agreements although both the agreements have executed on the same day. A perusal of both the agreements show that there is nothing to link the two agreements. Nowhere in the agreement it can be seen that there is any link between the two. Under these circumstances, it cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hans India Ltd., imported certain machinery from Verinigte Kunststoffwerke GmbH, Germany (VKW in short). On 25/09/97, the appellant entered into two agreements with VKW. One agreement was for know-how licence and technical assistance agreement and the second agreement was sale and purchase agreement. The appellant is a subsidiary of VKW with VKW holding 51% shares in the appellant company. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the two agreements. The learned Counsel relied on the decision of the Tribunal in the case of SD Technical Service - 2003 (155) 274 (Tri-LB) and Polar Marmo Agglomerates Ltd. - 2003 (155) ELT 283 (Tri-LB). The learned Counsel also pointed out that the decision of the Tribunal in the case of Welspun Maxsteel Ltd. - 2015 (317) ELT 514 (Tri-Mum) has been upset by the Hon ble Apex Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... greements have been executed on the same day and there are common parties of the said agreement. He argued that the decision of Essar Gujarat Ltd. (supra) is squarely applicable. 5. We have gone through the rival submissions. We find that there is no direct link between the two agreements although both the agreements have executed on the same day. A perusal of both the agreements show that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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