2003 (9) TMI 222

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....ure company established with the objective of manufacture, fabrication, assembly and sale of fully automotive brake systems and related components. It entered into a Licence and Technical Assistance Agreement (LTAA) with Mando Machinery Corporation, Korea. As per the terms of the agreement the appellant was to pay total sum of US$ 4,50,000 to Mando, Korea as consideration for "the rights and technical information granted, disclosed and furnished by" Mando, Korea. The sum was to be paid in four instalments. The agreement also provided for payment of royalty at 3% of the net ex-factory sale price of the licensed product. Since we are not concerned in this appeal with the payment of royalty, it is not necessary to go into the details of the sa....

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....e value of the imports, and (3) lump sum fee of US$ 4,50,000 relating to Technical Information was includible in the assessable value of the imported goods. Both the Revenue as well as the party took up the matter before the Tribunal which under Final Order Nos. 278-312, dated 18-3-2002 remanded the matter for fresh consideration by the Commissioner (Appeals). After remand, under the impugned order the Commissioner (Appeals) took the view that the appellant and exporter are related but the transaction value was not being rejected on the basis of relationship or mutuality of interest but she added technical licence fee to the assessable value of the goods imported by invoking Rule 9(1)(c) of the Customs Valuation Rules, 1988. 4. It is con....

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....as licence fee is directly connected with the manufacture of the above product in India. It has no relation whatsoever to the Capital Goods, Consumables and Components and Parts imported by the appellant. Larger Bench of this Tribunal had occasion to consider a similar issue in detail with reference to various decisions of the Supreme Court as well as Tribunal in S.D. Technical Services (supra). In the above case there was an agreement between the parties under which the appellants were given the right to manufacture and assemble in India licensed equipment for use in railway locomotives and rolling stock with the technical know-how supplied by the foreign collaborator. Appellant imported few sets of complete Air Brake distributors in CKD c....