ENGELHARD ENVIRONMENTAL SYS. Vs. COMMR. OF CUS.

JUDGEMENT

(1.) THE appellants imported raw materials for the manufacture of catalyst from M/s. Engelhard Corporation, USA. The appellant -company is a joint venture company formed under an agreement between UCAL Fuel Systems and M/s. Engelhard Corporation, USA to manufacture certain automotive exhaust catalyst products. The appellants' joint venture company had entered into Technical Information Licence Agreement dated 17 -8 -1998 and November 2000 with M/s. Engelhard Corporation, USA as per which an amount of USD 9,10,000 and USD 10,10,000 respectively were payable for the Technical Assistance rendered. The issue in this appeal is whether the amount paid for the technical know -how is includible in the assessable value of the imported goods under Rule 9(1)(c) of the Customs Valuation Rules, 1988. The original authority held that the above amounts are includible. The Commissioner (Appeals) upheld the order of the original authority. Therefore the appellants have come before this Tribunal for relief.

(2.) SHRI N. Venkataraman, Id. Advocate appeared on behalf of the appellants and Shri A. Jayachandran, Id. DR for revenue.

(3.) LD . Counsel urged the following points :