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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.
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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