OTTO INDIA PVT. LTD. V. COMMISSIONER 2003 (158) E.L.T. A331 (S.C.)

 

 

Valuation (Customs) — Technical know-how fee when includible in assessable value

 

The Supreme Court Bench comprising Hon’ble Mr. Justice S. Rajendra Babu and Hon’ble Mr. Justice G.P. Mathur on 8-9-2003 dismissed on merits the Civil Appeal No. 3730 of 2002 filed by M/s. Otto India Pvt. Ltd. against the CEGAT Order No. 1102/2001, dated 10-10-2001 and reported in 2002 (149) E.L.T. 477 (Tribunal) (Otto India Pvt. Ltd. v. Commissioner). While dismissing the appeal, the Supreme Court passed the following order :-

 

“We do not find any merit in this appeal. The appeal is, therefore, dismissed.”

 

The Appellate Tribunal in its impugned order had held that price paid for technical know-how for import of equipments from collaborator of importer is to be included in the assessable value as the importer was interested in know-how and the equipment was imported to obtain performance guarantee in absence of which they would not get contract from their Indian buyers.

[Otto India Pvt. Ltd. v. Commissioner - 2003 (158) E.L.T. A331 (S.C.)]