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2016 (12) TMI 1373 - CESTAT MUMBAIValuation - royalty - whether royalty to be added to assessable value or not where raw materials/inputs imported from collaborator? - Held that: - A plain reading of the agreement entered into by the appellant indicates that it is only a technical know-how agreement and running royalty is paid; no condition precedent that components cannot be imported from anyone else. Reliance placed on the decision of the case of Schenectady Herdillia Ltd. [2016 (3) TMI 887 - CESTAT MUMBAI], where it was held that The said agreement does not talk about or restrict the appellant to purchase or procure raw materials only from the parent concern. The loading of the value of by the amount of royalty paid by the appellant is not in consonance with the law settled by the higher judicial fora. Appeal allowed - decided in favor of appellant-assessee.
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