9911796707
TMI Blog2021 (3) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... as passed and in the present case the only issue is that whether the Royalty Charges paid by the appellant towards the technical know-how should be added over and above the transaction value at which the goods were sold to unrelated buyers. It is found that the goods are sold to unrelated buyer where the valuation is governed by Section 4 of Central Excise Act, 1944 i.e. transaction value on which duty needs to be discharged. In case of transaction value under Section 4 there is no need to verify that which expenses are included and which are not included therefore, the appellant have discharged the duty on the correct transaction value. In view of the order of this Tribunal the issue is no more res integra and following said order the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of the Revenue. They submit that in earlier case the appellant had produced the C.A. certificate showing that the element of royalty charges is included in the transaction value whereas in the present case C.A. certificate has not been submitted therefore the Tribunal s order cannot be followed. 4. We have heard both the sides and considered the submission made. We find that there is no difference in the facts and law point involved in the case wherein this Tribunal vide Final Order dated 30-10-2019 has passed and in the present case the only issue is that whether the Royalty Charges paid by the appellant towards the technical know-how should be added over and above the transaction value at which the goods were sold to unrelated b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harges is included in the overall value of the excisable goods. After the amended valuation provisions, from 2000 onwards, the duty is chargeable on the actual transaction value at which the goods are sold and therefore, any overhead charges cost of manufacture or selling expenses, everything stand included in the transaction value of the finished goods. Therefore, only expenses on account of Royalty Charges not shown in the cost of manufacture of the product will not make any difference as the same is admittedly stand included as Selling and Distribution expenses in the overall transaction value. It is evident from the Chartered Accountant s that Royalty Charges paid to foreign company stand included in the transaction value. The said cert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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