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M/s. Miranda Amsaw Pvt. Ltd. Versus Commissioner of Customs (Import) , JNCH, Sheva, Mumbai

2016 (10) TMI 468 - CESTAT MUMBAI

Valuation - Technical Collaboration Agreement - related party transaction - transaction value - payment of royalty by the appellants to the related supplier - whether the rejection of the transaction value justified on the believe that the relationship does not affect the price and on the fact that no payment of royalty has taken place? - Held that: - there is no Technology Transfer Agreement entered into by the appellant with the related supplier. The fact has been confirmed by the Ld. Counsel .....

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ial) And Shri Raju, Member (Technical) Shri Prakash Shah, Advocate for Appellant Shri Chatru Singh, Assistant Commissioner (A.R) for respondent ORDER Per Raju The appeal has been filed by M/s. Miranda Amsaw Pvt. Ltd. against the order of Commissioner (Appeals) setting aside the order of Dy. Commissioner of Customs. Dy. Commissioner of Customs vide his order dt. 26.9.2000 had accepted the transaction value of the imports made by the appellant from a related party with which they had entered into .....

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s accepted the transaction value under Rule 4 on the ground that there is no payment on account of technical know how and royalty. However, the adjudicating authority has not called for the separate agreements which are required to the executed as per para 7(a) and para 7(b) and Para 7 (c) of the Joint Venture Agreement which would have shown the details w.r.t. payment made to the foreign collaborator as consideration in lieu of services rendered to Indian Company. The adjudicating authority has .....

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to the JVC for manufacturing bimetal products. Only on the sale of such bimetal products for the manufacture of which ASMCI has provided technology consideration will be paid. Clause 7 (b)- For the duration of technology agreement ASMCI shall grant the JVC an exclusive non-transferable licence to manufacture bimetal products in accordance with ASMCI s technical know how and to sell ASMCI products. Clause 7 (c)- ASMCI agrees to enter into a non-exclusive Trademark Registered Users Agreements wit .....

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eby certify that, 1. No Technology Transfer Agreement has been made upto now, as referred in the joint venture agreement between Morarjee Goculdas Spg & Wvg Co. Ltd. and American Saw & Mfg. Co. International, USA, dated March 31, 1997. 2. No payment whatsoever, other than that against the invoices of Bimetal (Bandsaws & Coils) has been made by Miranda Amsaw Ltd. to American Saw & Mfg. Co. from July 01, 1997 to March 31,2001. In view of the above, it was argued that since there ha .....

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