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2016 (11) TMI 846 - AT - CustomsValuation - 20% loading was done on the declared CIF value - Rule 8 of the Customs Valuation Rules, 1988 - foreign collaboration agreement - Rule 9 (1) (c) of the Customs Valuation Rules - Held that: - It is seen that the price of imports made by the appellants are roughly the same as price at which they have been procured by the foreign collaborator from other parties. Further, we have been informed that these items are in the nature of plastic granules. It can be seen that plastic granules would not be covered by the technology transfer agreement as the contract product defined in the agreement mean only injection moulded parts sub-assemblies and related items. Out of it a plastic injection moulds. Similarly, in case of stamping foil the price at which the goods have been supplied to the appellant is slightly higher than the price at which the same have been procured by the foreign collaborator. It is apparent that the relationship has not influenced the price on the goods. In so far as addition of royalty under Rule 9 (1) (c) is concerned neither order-in-original nor grounds of appeal filed before the Tribunal have anything to show that the purchase of goods was a condition of transfer of technical know-how fee. In the absence of that assertion and evidence thereof demand under Rule 9 (1) (c) cannot be accepted. The appeal filed by the Revenue is dismissed.
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