2009 (8) TMI 986

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..... Vide the impugned order, the Commissioner (Appeals) has held that royalty of 3% and technical know-how fee of US$ 100,000 is to be added to the declared value of machinery such as Hydraulic Press and Air Compressor imported by the appellants from Spain under Rule 9(1)(c) of the Customs Valuation Rules, 1988. 2. We have heard both sides and carefully perused the terms of the License Agreement ente .....

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..... ted 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 agreement 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 fee are not includible in the de .....

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