WEP PERIPHERALS LTD Vs. COMMISSIONER OF CUSTOMS CHENNAI

JUDGEMENT

(1.) This civil appeal is filed by the assessee against order dated 24.1.2006 in appeal No. C/276/04 delivered by the Customs, Excise and Service Tax Appellate Tribunal ("CESTAT").

(2.) This matter is a sequel to the decision just delivered in the case of Commissioner of Customs v. M/s Ferodo India Pvt. Ltd. (Civil Appeal No. 8426/02). Appellant is the manufacturer of Printers. The integral part of a printer is what is called as a shuttle. In the present case, we are concerned with Technical Assistance Agreement ("TAA"). Appellant imports shuttles which are used in the manufacture of printers. Unlike M/s Ferodo India Pvt. Ltd. case (supra) there is no related party transaction in the present case. In the present case, the parties are at arm's length. The adjudicating authority has accepted the transaction value.

(3.) The only question which arises for determination in this civil appeal is whether the adjudicating authority was entitled to load the royalty/licence fee payment on to the price of the imported goods, viz, the shuttle(s) by taking its peak price. In the present case, the importer/buyer used to negotiate with the foreign supplier on quarterly basis. During the period under consideration, the importer received an order for bulk supply.