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2019 (6) TMI 278 - AT - CustomsValuation - inclusion of technical know- how fees and royalty charges payable or paid by the Appellant to their foreign suppliers in the assessable value - HELD THAT:- The original authority finds that 15% of marks up are added to cover the expenses and profit margin and therefore the relation has not influenced the prices. The original authority also finds that the technical know-how fees is more relatable to the technology imparted than to the goods imported and that it is not a pre-condition for import of goods. It is also pertinent to note that the Appellant are also procuring 39% of the parts/components required from the domestic market. We find that Commissioner (Appeals) has not gone into the facts of the case and has not given any reasoning for the conclusion drawn therein. As far as the relationship has not influenced the pricing pattern there is no justification for inclusion of royalty and technical know-how in the assessable value of the imported products - Appeal allowed - decided in favor of appellant.
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