2017 (8) TMI 813 - SCH - Customs

Valuation - Technology Transfer Agreement - Whether royalty paid in terms is a condition of sale includible in the assessable value - Rule 9(1)(c) of the Customs Valuation (Determination of Price of Imported Goods) Rules 2008 - the decision in the case of CC New Delhi Versus M/s Avaya Global Connect Ltd. 2016 (3) TMI 256 - CESTAT NEW DELHI contested where it was held that as the Supply Agreement is consistent with the Technology Transfer Agreement and the supplier had the right to terminate the supplies in case of non-payment of royalties the payment of royalty is a condition of sale and includible in the assessable value - Held that - the decision in the above case upheld - appeal dismissed - decided against appellant.

Summary

Title: Supreme Court 2017 (8) TMI 813 - SC Order
Judges: Mr. Madan B. Lokur and Mr. Deepak Gupta
Decision: Appeal dismissed, no interference with impugned judgment.