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2015 (10) TMI 1992 - AT - Central ExciseValuation of goods - Inclusion of cost of copyrights - manufacturing of recorded audio and video compact discs (RCDs) / production of duplicate CDs - assessee is in no position to manufacture RCDs without the DAT/master supplied by the music companies / merchant manufactures and that they are in no position to sell such RCDs to any other person/company, since all copy rights are vested with the particular music company / merchant manufacturer - Held that:- In the case of KRCD (I) Pvt. Ltd. Vs. CCE,Mumbai [2015 (4) TMI 856 - SUPREME COURT], it is held that royalty payable for such music/picture cannot extend to art work that is necessary for the production of duplicate CDs, as no part of it is in fact taken into account by either the distributor who is the copyright holder or the appellant in the job work done by the appellant. - Central Excise Valuation (Determination of Price of Excisable Goods) Rules of 2000, go to show that the value of goodwill contained in a brand name would not form part of the assessable value of goods that are produced and sold only to the owner of the goodwill - Following the same, Decided in favour of assessee.
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