9911796707
TMI Blog2005 (1) TMI 157X X X X Extracts X X X X X X X X Extracts X X X X ..... Company Act, 1956, have their registered office in India. The appellants import certain goods from their principals who holds 53.8% stake in the Appellants company in India and are registered with the Special Valuation Branch of Customs, Mumbai. The Special Valuation Branch of Customs, Mumbai vide other orders dated 25th September 1991 and 31st July 1998, respectively finalised the valuations aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) the said products were introduced after the agreements dated 19-9-1999 and 23-9-2009. 1.2 The Deputy Commissioner of Customs, GATT Valuation Cell, by his Order No. 133/2001 dated November 8, 2001 found that the payments towards technical know-how fees and royalty as supra, against these three agreements are for manufacturing of indigenous products at their plant in India by use of technical ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat is for manufacture of goods in India, were not to be included for determining of value for imported goods under Rule 9 of the Customs (Valuation) Rules, 1988. This addition is not applicable in the facts and circumstances of this case. We rely at the decisions in the case of IGFL Refractories Ltd. v. Commissioner of Customs, Calcutta reported in 1996 (87) E.L.T. 286 and the case of Daewoo Moto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the matter, even on merit, we cannot uphold the royalty to be added as arrived in the impugned order. We are reinforced in our views to hold that there is no case for Revenue, following the Larger Bench in 2003 (155) E.L.T. 274 (Tri. - LB) = 2003 (56) RLT 970. Wherein the Larger Bench had settled the issue of Technical Know-how related to Indian manufacture license and not retail to the importe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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