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2015 (9) TMI 1028 - SUPREME COURT

2015 (9) TMI 1028 - SUPREME COURT - 2015 (323) E.L.T. 645 (SC) - Valuation - Inclusion of royalty amount - Rule 5 of the Central Excise (Valuation) Rules, 1975 - Held that:- A bare reading of Rule 5 would demonstrate that the additional consideration which flows directly or indirectly from buyer to the assessee can be added to the price which is charged by the seller from the buyer. On the contrary, in the present case, the royalty, which is treated as additional consideration is paid by the sel .....

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Rohinton Fali Nariman, JJ. For the Appellant : Mr. Alok Yadav, Adv. Mr. Somnath Shukla, Adv. Mr. Udit Jain, Adv. Mr. Praveen Kumar, Adv For the Respondent : Mr. K Radhakrishnan, Sr. Adv. Mr. Sanjai Kumar Pathak, Adv. Ms. Rashmi Malhotra, Adv. Mr. Aviral Kashyap, Adv. Mr. B. Krishna Prasad, Adv ORDER First, facts in brief. The appellant is the assessee which is manufacturing torches, apart from other goods. These torches are manufactured and marketed under the brand name NOVINO'. Indubitably, .....

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and approximately 50% are sold to LNL. The assessee received the show cause notice dated 02.10.1999 from the Commissioner of Central Excise in which it was mentioned that the assessee was paying royalty @ 2.5% for use of the brand name to LNL and the assessee was asked to show cause as to why the amount of royalty be not added to the price which was charged by the assessee in the sale of the aforesaid product, to arrive at transaction value. The show cause notice indicates that while proposing s .....

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