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Schenectady Herdillia Ltd. Versus Commissioner of Customs, Mumbai

2016 (3) TMI 887 - CESTAT MUMBAI

Valuation - Whether the raw materials imported by the appellant from their parent concern needs to be loaded with the value of royalty paid by them to parent concern - Import of parts and components from their collaborator under agreement - Held that:- the agreement is titled as a technical know-how agreement. The entire agreement is in respect of the finished goods to be manufactured by the appellant in their factory from the technical know-how received from parent concern. The said agreement d .....

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Decided in favour of appellant - Appeal No. C/121/2005 - Final Order No. A/85632/2016-WZB/CB - Dated:- 27-1-2016 - M V Ravindran, Member (J) And C J Mathew, Member (T) For the Appellant : None For the Respondent : Shri D S Mann, Asstt. Commissioner (AR) ORDER Per M V Ravindran This appeal is directed against Order-in-Appeal No. 573/2004 MCH dated 22/09/2004 by the Commissioner of Customs (Appeals), Mumbai I. 2. When the matter was called out none appeared for the appellant. On perusal of record .....

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M/s Schenectady Specialties Asia Ltd. (herein after referred to as 'Importer') imported parts and components from their Collaborator, M/s Schenectady International Inc. USA (herein referred to as "Collaborator) was examined by SVB for determination of assessable value under Section 14 of the Customs Act, 1962 read with Customs Valuation Rule, 1988 (CVR, 1988). As per Technical Agreement [Article VII (7.1)], in consideration of transfer of technical information and know-how, the imp .....

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, hence the declared price has been accepted by him under Rule 4 of CVR, 1988. The said order was examined by Commissioner (Import), in review, in which it is held that the lower authority has ignored that it is mandatory to make addition under Rule 9 of technical know-how fees/royalty paid by Importer to Collaborator. The importer have imported parts and components from the Collaborator. Technical know-how is related to the import goods as such imports are of no value unless they are processed/ .....

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