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2009 (8) TMI 436 - AT - CustomsValuation- Royalty and technical know how- Vide the impugned order, the Commissioner of Customs (Appeals) has accepted the contention of the Revenue that royalty of and technical know-how/option fee is required to be added to the assessable value of “S-Ibuprofen” imported by the appellants herein from Japan under Rule 9(1)(c) of the Customs Valuation Rules, 1988. Held that- We have gone through the entire agreement and find that the payment by the assessees cannot be said to be in relation to the imported goods but only in relation to the final products to be manufactured by them in India. The learned SDR has not been able to bring to our notice any clause in the relevant agreements which would establish that the payment was in relation to the imported goods. We, therefore, accept the contention of the assessees that the payments of royalty and technical know-how/option fee are not includible in the declared price of goods imported, set aside the impugned order and allow the appeal.
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