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2016 (3) TMI 256 - AT - CustomsValuation - Technology Transfer Agreement - Whether royalty paid in terms, is a condition of sale includible in the assessable value - Rule 9(1)(c) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 2008 - Held that: as per Technology Transfer Agreement, the appellant was to pay royalty within such 7 days of the end of the quarterly period to the foreign suppliers and in case of failure to do so, the foreign suppliers had the right to “terminate all of the foreign suppliers” obligation hereunder.” Therefore, as the Supply Agreement is consistent with the Technology Transfer Agreement, and the supplier had the right to terminate the supplies in case of non-payment of royalties, the payment of royalty is a condition of sale and includible in the assessable value. - Decided in favour of Revenue
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