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2016 (11) TMI 814 - CESTAT MUMBAI

2016 (11) TMI 814 - CESTAT MUMBAI - TMI - Foreign Collaboration agreement - royalty - Held that: - the appellant are require to import from the foreign collaborator any item which appellant do not manufacture but foreign collaborator does. In respect of such goods the appellant are not liberty to buy from any other person. In view of that it is clear that the Order-in-Original suffers from lack of application of mind. The appeal is dismissed and the matter is remanded back to the Original Adjudi .....

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he contract the Dy Commissioner held that price has not been influenced by the relationship. He also held that the appellant and foreign collaborator is related. He further accepted the declared value for the purpose of assessment. Revenue challenged the said order before the Commissioner(Appeals), who set aside the Order-in-Original and allowed the Revenues appeal. Aggrieved by the said impugned order appellant is before this Tribunal. 2. Ld. Counsel for the appellant argued that the price has .....

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the agreement and therefore royalty payment cannot be added to the value. 3. Ld. A.R. pointed out that the Commissioner (Appeals) has only remanded the matter back to the original adjudicating authority. He pointed out that relief sought by the Revenue from the Commissioner(Appeals) was to remand the matter back to the Original Adjudicating authority as Order-in-Original was not speaking order. He specifically pointed out that agreement mandated the appellant to import the goods from collaborat .....

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