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2011 (7) TMI 160 - AT - CustomsAssessable value - Whether lumpsum fees paid by the appellant to the parent company needs to be included in the value of the capital goods which were imported - Rule 9 of the Customs Valuation Rules, 1988 - it has to be decided that whether the disclosure fees paid by the appellant to the foreign collaborator needs to be included in the value of the imported capital goods, machinery, plant and equipments - In the present case, no effort was made by the Department to ascertain whether there exists a price adjustment between cost incurred by the buyer on account of royalty/licence fees payments and the price paid for imported items - The admitted fact therein was that M/s. HWIL had technical know-how to the equipment which were imported by the appellant and they were to pay a technical know-how fees to M/s. HWIL, and were to give performance guarantee to Steel Authority of India Ltd., which had connection with the goods imported - Appeal is allowed
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