2005 (3) TMI 217

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..... f catalyst from M/s. Engelhard Corporation, USA. The appellant-company is a joint venture company formed under an agreement between UCAL Fuel Systems and M/s. Engelhard Corporation, USA to manufacture certain automotive exhaust catalyst products. The appellants' joint venture company had entered into Technical Information Licence Agreement dated 17-8-1998 and November 2000 with M/s. Engelhard Corp .....

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..... l know-how relatable to products manufactured in India cannot be included under Rule 9(1)(c) of the Customs Valuation Rules, 1988. The following cases are relied : Ferodo India (Pvt.) Ltd. v. CC - 2002 (142) E.L.T. 343 (T) = 2002 (50) RLT 751 Vestas RRB India Ltd. v. CC - 2004 (178) E.L.T. 636 (T) = 2000 (41) RLT 645 Daewoo Motors India Ltd. v. CC - 2000 (115) E.L.T. 489 (T) = 2000 (36) RLT .....

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..... t relatable to the goods under import and therefore not includible. She has failed to extend the same yardstick for the payment of technical know-how fee which is again relatable only to finished goods to be produced in India. (v) The transaction value under question is not influenced in any manner and is perfectly justifiable on the reason that the prices of noble metal solutions are arrive .....

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..... metals combined with other proprietary and non-proprietary raw materials". Ld. DR urges that the agreement to provide technical know-how includes an obligation to supply precious metal solutions of platinum group metals which are the imported items. Hence technical know-how fees is related to the imported items and their addable to the assessable value. 5. We have heard rival contentions. In thi .....

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..... r know-how fee is a condition of sale of the imported goods. The case law cited by ld. Counsel are very much relevant. Moreover, the price of the imported goods are based on London Metal Exchange price. Hence Revenue does not have a good case. The technical know-how fee paid in relation to the manufacture of catalyst cannot be added to the value of the imported goods which are one of the raw mater .....

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