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2016 (9) TMI 775 - CESTAT MUMBAI

2016 (9) TMI 775 - CESTAT MUMBAI - TMI - Valuation - Linkage between royalty paid for transfer of know-how and sale of capital goods - agreement for know-how licence and technical assistance agreement - sale and purchase agreement - holding-subsidiary relationship - is there any direct link between the two agreements linking the royalty paid to sale of capital goods? - Held that: - there is no direct link between the two agreements although both the agreements have executed on the same day. A pe .....

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ase Commissioner Of Customs Versus M/s. Essar Steel Ltd [2015 (4) TMI 486 - SUPREME COURT] would apply as the activities covered under the know-how agreement are of post importation activities. - Appeal allowed - decided in favor of appellant. - C/145/05 - A/89495/16/CB - Dated:- 26-8-2016 - Mr. Ramesh Nair, Member (Judicial) and Mr. Raju, Member (Technical) Shri.TV Vshwanathan, Advocate for appellant Shri.Ahibaran, Addl.Comm. (AR) for respondent ORDER The appellant, M/s.Caprihans India Ltd. .....

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. Revenue challenged this order before the Commissioner (Appeals) who set aside the order and allowed the appeal filed by the Revenue. Aggrieved by the said order the appellants are before Tribunal. 3. The learned Counsel for the appellant argued that the two agreements are independent and separate and they cannot be linked or read together. He argued that the agreement regarding transfer of know-how is purely related to know-hw relating to manufacture of goods by the appellant using the licence .....

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