COMMNR OF CUSTOMS PORT CHENNAI Vs. TOYOTA KIRLOSKAR MOTOR PVT LTD

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against a final order dated 7/12/2005 passed by the Customs, Excise and Service Tax Appellate Tribunal (for short, 'the CESTAT') passed in Appeal Nos. C/231/04 and C/949/04 whereby and whereunder the appeal preferred by Respondent herein was allowed and that of Appellant herein was dismissed.

(3.) ACCORDING to the Revenue such payments were to be added to the invoice value of the goods so as to arrive at a proper transaction value, in terms of Rule 9(1)(c) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988 (for short, 'the Rules). Payments of royalty, according to the Revenue, have a direct nexus to the imported goods as the same go into the manufacture of the licensed vehicles and spare parts.