https://www.taxtmi.com/caselaws?id=369516 A know-how licence fee was treated as includible in the assessable value of imported machinery because the agreement was structured as a licence, and the imported capital goods could not be put to use without the proprietary technology granted under that licence. The payment was therefore regarded as linked to the operational use of the machinery and not as a separate document sale. The revenue neutrality defence also failed because any customs, CVD or SAD credit would arise only later, after installation and production, whereas the duty liability arose on import. The customs demand was sustained. en-us Mon, 22 Oct 2018 00:00:00 +0530 Mon, 17 Feb 2020 17:59:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=369516 A know-how licence fee was treated as includible in the assessable value of imported machinery because the agreement was structured as a licence, and the imported capital goods could not be put to use without the proprietary technology granted under that licence. The payment was therefore regarded as linked to the operational use of the machinery and not as a separate document sale. The revenue neutrality defence also failed because any customs, CVD or SAD credit would arise only later, after installation and production, whereas the duty liability arose on import. The customs demand was sustained. Case-Laws Customs Mon, 22 Oct 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=369516