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2022 (4) TMI 1006 - CESTAT CHENNAIValuation - inclusion of amount paid in the nature of payment of royalty, in the transaction value or not - condition of sale or not - HELD THAT:- It is seen that there is no agreement between the appellant or the foreign supplier. It is then difficult to understand whether the royalty is a condition for sale of the imported goods. In the present case, the appellant contends that they have made provision for royalty but they have not actually paid any amount and that the amount was reversed in the year 2014 – 15. The learned counsel for the appellant has produced the financial statements for the respective years. They have also furnished the Chartered Accountant’s certificate. Besides these, the entries in the ledger / books of accounts have to be examined. The matter requires to be remanded to the adjudicating authority who shall look into the aspect whether the appellant has paid royalty to the foreign supplier or not. In case, the appellant has not paid such amount, there is no question of including the same in the transaction value. Appeal allowed by way of remand.
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