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2016 (8) TMI 1119 - AT - CustomsValuation- Payment of royalty or technical knowhow license fee - Held that:- We find that the adjudicating authority in the Order-in-Original has mentioned that “there is no royalty and technical knowhow or license fee paid/payable”. The learned Commissioner (Appeals) also passed the order on this findings made out in the Order-in-Original, whereas from the Books of Account, it is clear that there is payment of royalty or technical knowhow license fee during the period 1999-2000 and 2000-01. From this, it appears that the records of the appellant have not been verified properly. Even if it is assumed that the adjudicating authority has given the order after verification of this aspect, but nothing was discussed in the Order-in-Original. Therefore, the matter needs to be reconsidered. However, we made it clear that if the royalty or technical knowhow fees said to have been paid as appearing in the Books of Account of the appellant if related to the present transaction, then only it will be the relevant factor for valuation. However, if it is found that the royalty payment shown in the Books of Account is not related to the present transaction and related to some other transaction, the same cannot be relevant for the valuation in the present case. Thus we remand the matter to the adjudicating authority to verify the Books of Account and to give a clear finding whether there is royalty payment and if there is, whether it is related to this transaction or otherwise and thereafter to pass a reasoned order. The appeal is disposed of by way of remand to the adjudicating authority.
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