Royalty Payments Excluded from Imported Goods Valuation; Repackaging Not Manufacturing per CESTAT Decision.

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....The case pertains to the valuation of imported goods and the inclusion of royalty payments for determining the transaction value. The key points are: The transaction value declared by the importer was initially accepted u/r 3(3)(a) of the Customs Valuation Rules, 2007 (CVR 2007). However, the revenue authorities later sought to include royalty payments made to a group company (Ajinomoto Japan) for using their trademark, citing Rules 10(1)(c) and 10(1)(e) of CVR 2007. The appellant contended that the royalty payment was not a condition of sale for the imported goods from Ajinomoto Thailand but was for the license to use the trademark. The CESTAT examined the Supreme Court's decision in Commissioner of Customs vs M/S Ferodo India Pvt. Ltd., w.........