TMI Blog2002 (8) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... Order per : Gowri Shankar, Member (T)]. The question for consideration in this appeal is the liability to duty to the amount paid by the appellant to ABB Electrocondutture, Italy for the technical know-how that it proposed to acquire from it. The appellant entered into an agreement with the Italian company for manufacture of earth leakage circuit breakers. The agreement provided that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their value. This requirement contained in Rule 9(1)(c), he says, would clearly not apply to the facts before us. The fees for payment of know-how either as lump sum or royalty are clearly not conditional upon the sale of the goods and are completely independent of it, even if contained in the same agreement. He relies upon the decision of the Tribunal s decision in CC v. Maruti Udyog Ltd. - 1987 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d royalty are in consideration of the Italian company having disclosed the know-how and technical devices and data. Ninety five per cent of this lump sum shall be towards transfer to current knowhow and the balance 5% is for transfer of knowhow, relating to improvement made by the Italian company for the product during the pendency of the agreement. The royalty is at 3% of the invoiced selling pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
