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TMI Blog2005 (8) TMI 214X X X X Extracts X X X X X X X X Extracts X X X X ..... al dated 29-9-2003 passed by the Commissioner (Appeals), Chennai. The brief facts of the case are as follows. The Revenue proceeded against the appellant M/s. Mitsuba Sical India Ltd. on the ground that the appellant and M/s. Mitsuba Corporation, Japan who are foreign suppliers of the imported goods are related to each other as per Rule 2(2)(i), (ii) and (iv) of the Customs Valuation Rules, 1988. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... int that technical know-how fee and royalties are not related to the goods imported. The teclinieal know-how fee is only in respect of the products to be manufactured by the appellant in India. In any case payment of technical know-how fee and royalty is not a condition of sale of the imported goods. Hence as per Rule 9(1)(c) of the Customs Valuation Rules, 1988, these charges are not includible i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 70 (CEGAT-LB) 4. Learned SDR reiterated the contentions in the Order-in-Original and the Order-in-Appeal. 5. We have gone through the case records carefully and considered the submissions of both sides. Technical assistance agreement is only for the manufacture of certain products in India by the appellant. These products are Viper Motor and Link System and Fan Motor. The royalty amount is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valued, to the extent that such royalties and fees are not included in the price actually paid or payable". A clear reading of the above rules reveals that royalties and licence fee should be related to the imported goods and payment of the same should be a condition of sale of the goods being valued. In the present case, royalties and technical know-how fee are related only to the products to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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