2009 (8) TMI 436

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.... Respondent. [Order per: Jyoti Balasundaram, Vice-President]. - Vide the impugned order, the Commissioner of Customs (Appeals) has accepted the contention of the Revenue that royalty of US$ 2 per Kg. and technical know-how/option fee of US$ 9 lakhs + US$ 10 lakhs is required to be added to the assessable value of "S-Ibuprofen" imported by the appellants herein from Japan under Rule 9(1)(c) of the....

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....dollars (US$ 900,000) in the manner as set forth in Section 3 hereof and other terms and conditions and the Option Agreement, NAGASE hereby grants to SHASUN an option to enter into the Licence Agreement, for the period of two (2) month after, NAGASE's receipt of the first payment of such option fee (the "Option Period"). LICENSE AGREEMENT 1.1 "LICENSED PRODUCT" means S-ibuprofen and the salts of....

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....es granted under this Agreement. 1.5 "ROYALTY" means two U.S. Dollars (US$ 2) to be paid by LICENCEE to NAGASE per kilogram of the LICENSED PRODUCT sold by LICENSEE to LICENCEE ACCOUNTS." ……. 3. We have gone through the entire agreement and find that the payment by the assessees cannot be said to be in relation to the imported goods but only in relation to the final products to be manufactu....