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2016 (8) TMI 138 - CESTAT MUMBAIValuation - principle of res judicata - related persons - goods imported was enhanced by royalty equal to 3% of the importer's selling price of the licensed products - Held that:- It is clear that in such cases the principle of res judicata does not apply. In both the cases relied by the Revenue the decision was accepted by Revenue and principle of res judicata was applied against Revenue. In this case it is other way round. Since the decision of Tribunal in the case of Hewlett Packard is in identical circumstances. Thus, we hold principle of res judicata does not apply in the instant case. From the clause 5 of the agreement, it is crystal clear that the net sale price on which 3% royalty is paid by the appellant is without deduction for components imported from HUSCO, in other words the value of imported goods is included in the net sale price of appellant s manufactured goods. In view of this undisputed fact, it is apparent that the decision of the Hon’ble Apex Court in the case of Matushita Television & Audio Ltd. (2007 (4) TMI 5 - SUPREME COURT OF INDIA) is squarely applicable to the present case. - Decided against the assessee.
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