2017 (4) TMI 370

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....lant. Shri M.K. Sarangi, Jt. Commissioner (AR), for the Respondent. ORDER [Order per : Raju, Member (T)]. - This appeal has been filed by M/s. Manugraph India Ltd. (MIL in short). M/s. MIL had entered into a technical know-how and technical service agreement with Polygraph Export Import, Berlin on 25-2-1988. Polygraph Export Import, Berlin are collaborator with MIL and hold 40% shares. In....

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....or. He argued that they are importing components from others also and not merely from the foreign collaborator. In these circumstances, learned Counsel argued that technical know-how fee is not includible in the assessable value. 3. Learned AR relies on the impugned order. 4. Perusal of the agreement shows that Clause 2.1.1 under heading obligation of AHB (foreign collaborator) rea....

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..... 5. It is seen from the Clause 2.1.1.3 that it is not open to MIL to import the goods from anybody. The parts, units and sub-assemblies which are to be imported from their foreign collaborators and from other has to be decided jointly in terms of the agreement. The use of word "shall" in the Clause 2.1.1.3 clearly indicates that without the consent of foreign collaborator, the appellant c....