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2015 (12) TMI 1201 - CESTAT CHENNAIValuation - related parties - Import of goods at concessional rate of duty against EPCG Licence - Inclusion of Technical Knowhow fee - Invocation of extended period of limitation - Held that:- technical knowhow fee is for design, drawing and technical information provided to appellant by overseas supplier for setting up of "Instant Coffee" plant which is purely a post-importation activity and not related to imported goods. As held by Hon'ble Supreme Court in the above case, the import components procured from the supplier only 22% on the total value. As regards Revenue's relying the Hon'ble Supreme Court judgement in the case of CC Ahmedabad Vs Essar Gujarat Ltd. (1996 (11) TMI 426 - SUPREME COURT OF INDIA), we find that said apex court judgement is distinguishable on facts for the reason that in the said case, licensing fee stipulates a condition for supply of plant and machinery which is not the case in the present appeal. Following the Hon'ble Supreme Court judgment (supra) and the final order of Tribunal in the case of Godrej Agrovet Ltd. (2015 (11) TMI 1025-CESTAT Chennai), we hold that technical knowhow of US$ 1,30,000 is not addable to the value of imported goods. We set aside the demand on merits. Correspondingly, the imposition of redemption fine and penalty is also set aside. - Decided in favour of assessee.
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