Royalty of 1.75% on yeast made in India using foreign knowhow not part of customs value if not conditional sale. Precedent followed.

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....Royalty of 1.75% paid on yeast manufactured in India and sold using technical knowhow provided by foreign supplier is not includable in value of imported yeast culture u/r 10(1)(c) of Customs Valuation Rules 2007 for payment of customs duty. Royalty is payable on net sales of products sold by licensee after manufacturing using technical knowhow, without condition of importing goods from foreign supplier. As per precedent, unless royalty is paid as condition of sale, it cannot be included in assessable value. Order of Commissioner (Appeals) including royalty in assessable value set aside. Appeal allowed.....