Home Case Index All Cases Customs Customs + AT Customs - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 86 - AT - CustomsValuation - whether amount of royalty to be included in the assessable value? - Held that: - the appellant has produced a certificate of the CA which categorically states that the royalty payment made by the appellant to M/s. Ford Motor Company, USA is excluding the amount/sales of the Mondeo cars. The appellant had clearly stated before the lower authorities that the Ford Mondeo cars is not covered under the technical agreement and the inclusion of the royalty paid seems incorrect - the adjudicating authority was correct in coming to a conclusion that the amount of royalty paid cannot be included in the assessable value. Reliance placed in the decision in the case of Saregama India Ltd. and Sony Pictures Home Entertainment India Versus Commissioner of Customs Airport, Mumbai [2016 (9) TMI 931 - CESTAT MUMBAI] where it was held that the decision does not impact upon such imports which can draw a distinction between royalty on goods imported and royalty as a post-importation condition. Appeal allowed - decided in favor of appellant.
|