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2021 (3) TMI 1407 - CESTAT AHMEDABADValuation - inclusion of Royalty Charges paid by the appellant to the foreign company towards the technical know-how, in the transaction value of the final product which is manufactured by the appellant - requirement to be added over and above the transaction value at which the final product is sold by the appellant to unrelated buyers or not - HELD THAT:- There is no difference in the facts and law point involved in the case wherein this Tribunal in FIRMENICH AROMATICS INDIA PRIVATE LIMITED VERSUS COMMISSIONER OF CENTRAL EXCISE & ST, DAMAN [2019 (11) TMI 9 - CESTAT AHMEDABAD] has passed and in the present case the only issue is that whether the Royalty Charges paid by the appellant towards the technical know-how should be added over and above the transaction value at which the goods were sold to unrelated buyers. It is found that the goods are sold to unrelated buyer where the valuation is governed by Section 4 of Central Excise Act, 1944 i.e. transaction value on which duty needs to be discharged. In case of transaction value under Section 4 there is no need to verify that which expenses are included and which are not included therefore, the appellant have discharged the duty on the correct transaction value. In view of the order of this Tribunal the issue is no more res integra and following said order the demand in the present is not sustainable - appeal allowed.
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