Royalty payments under a Licence and Technical Assistance...

Royalty payments under a Licence and Technical Assistance Agreement were not addable to the transaction value of imported goods. The agreement covered transfer of technology, technical know-how, and confidential information for manufacturing products, with royalty payable on net sales value. The royalty was not conditional upon import of raw materials. As per the BREMBO case, royalty not linked to imported goods or a condition of sale is not includible in assessable value. The Tribunal held the royalty payments were not addable to the transaction value of imported goods for the period 2012-13 to 2014-15 u/s 14 of the Customs Act, 1962 read with Rule 10(1)(c) of the Customs Valuation Rules, 2007, rejecting the Revenue's appeal.

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