TMI Blog2016 (8) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... uthority has given the order after verification of this aspect, but nothing was discussed in the Order-in-Original. Therefore, the matter needs to be reconsidered. However, we made it clear that if the royalty or technical knowhow fees said to have been paid as appearing in the Books of Account of the appellant if related to the present transaction, then only it will be the relevant factor for valuation. However, if it is found that the royalty payment shown in the Books of Account is not related to the present transaction and related to some other transaction, the same cannot be relevant for the valuation in the present case. Thus we remand the matter to the adjudicating authority to verify the Books of Account and to give a cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the balance-sheet. The whole case was enquired only on this basis, however, in the adjudication order, the adjudicating authority has mentioned that there is no royalty/technical knowhow license fee paid or payable. Aggrieved by the adjudication order, the Revenue filed an appeal before the Commissioner (Appeals), who has set aside the order and allowed the appeal of the Revenue. The main ground, for setting aside of the order, given by the learned Commissioner (Appeals) is that the lower authority has given finding that there is no payment of royalty and technical knowhow fee by the importer as per annual reports of the company, whereas it is clearly mentioned in the Books of Account that such fees have been paid in the year 1999-2000 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity that no royalty was paid by the appellant. Therefore, the order of the learned Commissioner (Appeals) is sustainable and does not require any interference. 5. We have carefully considered the submissions made by both sides. On going through both the orders of the lower authorities, we find that the adjudicating authority in the Order-in-Original has mentioned that there is no royalty and technical knowhow or license fee paid/payable . The learned Commissioner (Appeals) also passed the order on this findings made out in the Order-in-Original, whereas from the Books of Account, it is clear that there is payment of royalty or technical knowhow license fee during the period 1999-2000 and 2000-01. From this, it appears that the records ..... X X X X Extracts X X X X X X X X Extracts X X X X
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