CESTAT held that amounts paid under an Assistance and Service...

CESTAT held that amounts paid under an Assistance and Service Agreement for setting up plant, providing technical assistance and post-installation support are not includible in the assessable value of imported capital goods under Rule 10(1)(c) of the CVR, 2007 where the agreement does not make such payments a condition of import nor establish a direct nexus with the import of specific tools/spares. The Tribunal, after considering higher-court precedent on when technical/royalty payments may be added, found the agreement distinguishable on its terms, set aside the impugned valuation addition, and allowed the appellant's appeal.

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