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2013 (8) TMI 580 - CESTAT MUMBAIValuation of imported goods - assessee made an import from their collaborator and associated companies the case was registered in GATT Valuation Cell for examination and valuation of goods imported by them - the department's case had been to load the royalty of technical know-how payable to the supplier - Held that:- The department could not show that the royalty which they wanted to add to the assessable value was a condition pre-requisite for sale and the assessable value was not a true transaction value in terms of Section 14(1)(a) - the royalty can be included in the assessable value in case there are conditions for sale of the goods being valued and in case such royalty and fees are not included in the price actually paid or payable. If the cost of technical know-how payment of royalty had no nexus with the working of the imported goods then such payment was not includable in the price of the imported goods – court relied upon Commissioner of Customs Vs. Ferodo India P. Ltd. (2008 (2) TMI 12 - Supreme Court ) and Collector vs. Essar Gujarat Ltd.(1996 (11) TMI 426 - SUPREME COURT OF INDIA) – decided against revenue
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