2009 (8) TMI 436

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....llant. Shri T.H. Rao, SDR, for the 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 here....

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....e option fee in the amount of nine hundred thousand US 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 ....

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....ration to be paid by LICENSEE to NAGASE for the rights and Licenses 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 im....