Royalty inclusion in assessable value remanded for fresh appellate reconsideration after new audited record evidence was produced.

Royalty and technical know-how fee details were supported before CESTAT by a Chartered Accountant's certificate and audited records, supplying the break-up that was not before the lower appellate authority. On that material, fresh consideration by the Commissioner (Appeals) was justified, with liberty to seek further evidence and verify the certificate from the audited accounts and records. The matter was remanded for a fresh decision in accordance with law after giving the appellant a reasonable opportunity of hearing.

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Issues: Whether the matter was required to be remanded to the Commissioner (Appeals) for fresh decision on inclusion of royalty in the assessable value of the imported goods.

Analysis: A Chartered Accountant's certificate was produced before the Tribunal showing particulars of royalty and technical know-how fees reflected in the appellant's books. The document indicated that the royalty-related payments were examined with audited accounts and relevant records, and it supplied the break-up that had not been available before the lower appellate authority. In these circumstances, the existing material was found sufficient to justify reconsideration by the Commissioner (Appeals), who was also left free to require further evidence and verify the certificate from audited accounts and records.

Conclusion: The matter was remanded to the Commissioner (Appeals) for fresh decision in accordance with law after giving the appellant a reasonable opportunity of hearing.

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