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2017 (7) TMI 112 - AT - CustomsValuation - includibility - royalty paid to copyright-holders of films that are imported by the appellant, M/s Saregama India Ltd, in the form of ‘digital versatile disk’ (DVD) that are sold in the ‘home video market’ - Held that: - A post-importation implementation of the royalty agreement is not amenable to prescient crystallisation at any time before the goods are put up for sale and is contingent on the sale. Surely, it cannot be his argument that the goods should be provisionally assessed for the tenor of the agreement, that would fly in the face of the order of the original authority to finalise all assessments on the basis of his direction. It would appear that Revenue is not consistent in articulating its stand on the inclusion of royalty in the assessable value. The appellant is not wrong in contending that there is no proper finding on relationship with the foreign supplier and the consequent rejection of declared value on that ground will not meet the test of law - In the circumstances, the only option before us is to have the matter re-determined - appeal allowed by way of remand.
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