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Commissioner of Customs (Import) Mumbai Versus M/s. Eagle Poonawala Industry Ltd.

2015 (10) TMI 830 - CESTAT MUMBAI

Valuation of goods - Inclusion of royalty - Held that:- Ground of appeal is very weak. It states that the importer had imported parts from their collaborator to manufacture goods of foreign collaborator's brand name. Interestingly, we find that in th .....

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s, royalty may be added to the price of the goods only if the same is a condition of the sale of the imported goods being valued. This is established law as held in various judgments of the Apex Court including the case of Commissioner of Customs Vs. .....

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ember (T) And Ramesh Nair, Member (J), JJ. For the Appellant : Shri D K Sinha, Assistant Commissioner (AR) For the Respondent : Shri S N Kantawala, Adv ORDER Per P S Pruthi This appeal is directed against the order of Commissioner (Appeals) upholding .....

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ides for one time lump sum payment of US $1,25,000/- for obtaining license of technology, processes, technical know-how, drawings etc. and royalty payment of 2% commencing from the commencement of sale of Eagle products. Under the Agreement only tech .....

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genous manufacture of mechanical seals and parts thereof and there is no obligation to procure the mechanical seals from the collaborators who are a related person. 3. Heard both sides and considered the submissions. 4. We find that the ground of app .....

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