2016 (3) TMI 984

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....dent : Shri D K Sinha, Asstt Commissioner (AR) ORDER Per M V Ravindran This appeal is directed against Order-in-Appeal No: 407/2004 MCH dated 29/07/2004 passed by the Commissioner of Customs (Appeals), Mumbai-I. 2. When the matter was called out none appeared for the appellant. On perusal of records we find that the appeal could be disposed of in the absence of any representation from ....

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....ow Agreement dated 01/03/1997, which will remain valid for ten years, in consideration of the obligations undertaken by the collaborator, the importer will be paying them a lump sum amount of Rs. 10 Million in three equal installments. Besides, importer will be paying royalty on the net ex-factory sales prices of the said products excluding excise duties, cost of standard bought out components irr....

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....ed using the technical know-how provided by the Collaborator under its brand name though they have imported raw materials; the technical know how is related to the import goods as such imports are of no value unless they are processed/manufactured in accordance with the manufacturing process contained in technical information supplied by the Collaborator, as per the agreement the importer shall pu....

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....r-in-original we find that the adjudicating authority has reproduced important clauses of the agreement entered into by the appellant with their parent concern. The agreement is titled as a technical know-how agreement. The entire agreement is in respect of the finished goods to be manufactured by the appellant in their factory from the technical know-how received from parent concern. The said agr....