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2016 (6) TMI 811 - AT - CustomsValuation - inclusion of royalty, lump sum payment (license fee) and technical assistance fee paid to the supplier (related party) - Rule 10(1)(c)of the Customs Valuation (Determination of Value of Imported Goods) Rule, 2007 - Held that:- In absence of proper clause of the agreement being depicted in the order and without demonstrating the manner how such clauses warrant valuation to be made in terms of that Rule arbitrary valuation has been made. In stead of objective evaluation of the agreements and thread bare examination of any evidence on record to invoke above Rule the authority drew inference superficially and arbitrarily. This is not acceptable to law. Therefore, order of both the authorities suffers from legal infirmity. - Matter remanded back for fresh decision.
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