TMI Blog2008 (2) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... n’t have been put into operation by assessee without the technical know-how - technical know-how fee for supply of know-how of plant & machinery is required to be included in the AV of goods imported, in terms of Rule 9(1)(b)(iv) CVR - C/185/2002 - A/198/2008-WZB/C-I/(C.S.T.B.), - Dated:- 27-2-2008 - Ms. Jyoti Balasundaram, Vice-President and Shri A.K. Srivastava, Member (T) [Order per : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts such as invoices etc. was submitted by the importers for the purpose of finalisation of the contract. The Assistant Commissioner accepted the contention of the importers that lump sum payment of US$ 3,00,000/- does not form part of the transaction value of the goods imported for the reason that the drawings etc. did not relate to the imported goods but to the manufacture of the end product, vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... venue authority was not applicable because in that case, the supply of know-how and plant machinery are independent of each other and that the payment of the fee is for know-how for manufacture of the end product and does not have any connection with the import of the plant machinery in question. Hence this appeal by the Revenue. 2. We have heard learned SDR and perused the records - notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s agreed to extend engineering and know-how assistance to the respondents to enable them to successfully handle and exploit the technical know-how to be imparted to the respondents. It is not disputed that the supplier, Kohap Ltd., is not the manufacturer of polyester yarn. They are in the field of providing technical know-how of polyester yarn manufacturing plant. This is brought out clearly from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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