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2017 (2) TMI 1027 - CESTAT MUMBAIValuation - import of cineprints - whether the amount of license fee remitted by the appellant to the supplier of cine prints needs to be included in the Assessable Value? - The appellants sought valuation u/r 8, whereas the Revenue sought to apply the Customs Valuation Rules and loaded the declared value furnished by the appellants - Held that: - It can be seen that the agreement is between the two foreign entities wherein one entity grants the other entity the sole and exclusive right to distribute license theatres to exhibit throughout the territory consisting of 4 countries. From the said clause of the agreement, it is obvious that the said rights are granted subject to the terms of the agreement. In other words, if the terms of the agreement are not agreed and adhered to, the said imports cannot be made or the said rights cannot be exercised. The fact is that in terms of Rule 8 the said amounts need to be included in the assessable value. Appeal dismissed - decided against appellant.
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