9911796707
TMI Blog2021 (3) TMI 1407X X X X Extracts X X X X X X X X Extracts X X X X ..... ountants, for the Appellant. Shri Ghanshyam Soni, Joint Commissioner (AR) and S.N. Gohil, Supdt. (AR), for the Respondent. ORDER The issue involved is that whether the Royalty Charges paid by the appellant to the foreign company towards the technical know-how is includible in the transaction value of the final product which is manufactured by the appellant and required to be added over and abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rintendent (Authorized Representative) appeared on 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 con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion value. The issue has been considered in detail by this Tribunal in order referred supra, the same is reproduced. "We have heard both sides and perused the record. We find that the entire case is made out on the basis that the Royalty Charges is includible in the assessable value in case of captive consumption. Reliance is placed on the guidelines issued by Council of the Institute of Cost a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions, 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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