2005 (7) TMI 599

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....Appellant. Shri S.V. Parelkar, DR, for the Respondent. [Order per : Moheb Ali. M., Member (T)]. - Heard both sides. Issue pertains to valuation of imported machinery. The appellant imported one paint circulation system components and filed a Bill of Entry for its clearance. The total value shown in the invoice for the said goods is GBP154210. The appellants however declared GBP129220 a....

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....e imported goods by the buyer to the seller to satisfy an obligation of the sale to the extent such payments are not included in the price actually paid or payable. Clearly therefore, this Rule speaks of additions to the invoice value if payments are not included in the invoice value. The case on hand stands on a somewhat different footing. The invoice itself includes GBP25000 towards commissionin....

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....cates that this charge is a part of invoice value for the goods despite the fact that it is separately shown. In a series of decisions including DCM Shriram Consolidated Ltd. v. CCE Mumbai the CEGAT has been holding that payments made towards the sale of goods, be it royalty or licence fee, have to be included in the assessable value under Rule 9(1) of Valuation Rules. The crucial question therefo....