Royalty provided & reversed subsequently not includible in Transaction Value

Doosan Bobcat India Pvt. Ltd. Vs Commissioner of Customs (CESTAT Chennai) The issue is whether the amount of Rs.28.14 lakhs in the nature of payment of royalty can be included in the transaction value and whether it is a condition of sale. From the facts narrated above, it is seen that there is no agreement between the appellant or the foreign supplier. It is then difficult to understand whether the royalty is a condition for sale of the imported goods. In the present case, the appellant contends that they have made provision for royalty but they have not actually paid any amount and that the ...