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Haver Ibau India Pvt. Ltd. Versus Commissioner of Customs (Import) , Mumbai

2016 (11) TMI 1136 - CESTAT MUMBAI

Technology transfer agreement - valuation - royalty - related party transaction - Held that: - the assessable value can be enhanced under Customs Valuation Rules, 2007 only if any amount of royalty has been paid by the appellant to the Haver Germany .....

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been paid, we set aside the impugned order and direct the finalization of assessment after due verification of the facts. If for any reason it is found that any royalty has been paid by the appellant to Haver Germany, the Revenue is free to approach .....

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lant. Shri. Ahibaran, Addl. Comm. (AR), for the Respondent. ORDER Per: Raju 1. This appeal has been filed by M/s. Haver Ibau India Pvt. Ltd. They entered into an agreement with Haver Germany for manufacture of certain products in India. For the purpo .....

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Commissioner of Customs vide his order-in-original dated 01/02/2011 rejected the transaction value and held that the appellants are related to Haver Germany under Rule 2 (2) of Customs Valuation Rules, 2007. The order directed that at the time of fin .....

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ated 13/09/2012 dismissed their appeal. Aggrieved by the said order, the appellants are before the Tribunal. 2. The learned Counsel for the appellant informed that no royalty has been paid during the currency of the said agreement and therefore, ther .....

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gued that under such circumstances, the assessment can be finalized without going into the issue of includability or otherwise of the royalty of imports. He further argued that the lower authorities could verify the facts at the time of finalization .....

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