2024 (2) TMI 777

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....alue and accepted the invoice value as the transaction value. Against such order, the Department filed appeal before the Commissioner (Appeals) who upheld the same. Hence the Department is now before the Tribunal. 2. The Ld. A.R Shri Anoop Singh appeared and argued for the Department. It is submitted that the original authority has not ascertained the correctness of the value either by examining the circumstances of sale or by directing the importer to demonstrate that the declared value approximates the transaction value. Further, the original authority has not verified the NIDB data or value of contemporaneous imports of identical / similar goods in order to ascertain the correctness of the value declared by the importer. The original au....

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....for use in the manufacture of finished goods by the respondent. In the earlier SVB valuation proceedings, Order-in-Original No.188/2001 dt.6.2.2001 was passed wherein it was held that technical know-how fee is to be included in the transaction value. The respondent challenged this order before the Commissioner (Appeals) and ultimately the Tribunal vide Final Order No.2/2006 dt. 23.12.2005 held that the technical know-how fee is not a condition of sale of the imported goods and is not required to be added to the invoice value. In the present case, the imports were made for the period 2010-2013 and the respondent has not paid any royalty or technical know-how fee. Even though there is an amendment brought forth to the Customs Valuation Rules,....