2014 (3) TMI 561

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....R), for the Respondent. ORDER Heard both sides. 2. The applicant is seeking stay of operation of the impugned order wherein it was observed by the lower authorities that as the applicant (importer) and the foreign suppliers are related persons and the technical assistance fees and royalty paid by the applicant to their foreign supplier is to be added in the transaction value. 3. Thou....

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....rred to GATT Valuation Cell, Mumbai to examine whether the amount paid by the applicant towards technological transfer/administrative services from the related person is includable in the assessable value or not. A questionnaire was put to the applicant and the same was answered by them. After examining the same, both the authorities came to the conclusion that the amount paid by the applicant, as....

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....and also paying 4% royalty on the net sale value of the components manufactured by them. In the case of an agreement entered with M/s. Gestamp Services S.I., Spain for availing Administrative, Technical and Commercial Services and for these administrative service, they are paying service charges and also agreed to make payment of fees of 4% royalty on the net sale value on the goods manufactured b....

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....ot required. 7. Considered the submissions made by both the sides. 8. After examining the agreement prima facie we are of the view that the technical assistance and the administrative assistance service obtained by the applicant for the manufacture/administrative control of the business in India is not related to the transactional value of the imported goods. Moreover, the royalty paid....