TMI Blog2005 (12) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ved in this appeal is the addition of royalty paid by the appellants herein to the foreign collaborators is includible in the value of the goods imported by them to determine the duty on the said imported goods. 3. A perusal of the agreement entered into envisages payment of running royalty of 8% and 1% for tobacco and cigarettes respectively. The order impugned holds that under Rule 9(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hillips India Limited. M/s. Philip Morris International Finance Corporation is subsidiary of M/s. Philip Morris International Finance Corporation Inc., USA and the appellants have not been shown the holding shares either of these companies registered abroad. The fact that M/s. Philip Morris International Finance Corporation being a subsidiary of M/s. Philip Morris International Finance Corporation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the appellants have made any payment to the foreign suppliers over and above the invoice price. Rule 4(2) of the Customs Valuation Rules, 1988 on a plain reading indicates that the transaction value between the importer and the supplier should be rejected only in certain cases which are not applicable in the present case. Applying the decision as laid down by the Supreme Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of this Tribunal in the case of Indo Gulf Corporation - 2005 (182) E.L.T. 77, this appeal is to be allowed after setting aside the order of addition of royalty to the assessable value on the imported goods. The appeal is disposed of accordingly. 7. [Order per : Dr. C. Satapathy, Member (T)]. - I agree that the appeal is to be allowed. (Pronounced in the Court on 1-12-2005) - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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