Document Fragment View
Fragment Information
Showing contexts for: Press tool in Appeal Nos. C/96 & 97/07 vs Commissioner Of Customs (Import) on 12 October, 2011Matching Fragments
2.7 Thus, M/s. Mahindra entered into a supply agreement with M/s. Nichimen for supply of 34 BIWs and two sets of panels and as per the agreement M/s. Mahindra was required to inform M/s. Nichimen of any further requirement over and above the said 34 BIWs and 2 sets of panels. Further, in terms of the agreement, soft jigs and pressing and hammering tools were required to be dismantled and disposed of six months after the completion of last shipment of BIW and panels.
2.8 Scrutiny of bills of entry relating to imports made by M/s. Mahindra revealed that M/s. Mahindra did not include in the assessable value of the goods imported, the amounts of UK # 7,21,366.75 paid to HW for the design and engineering of BIW and panels and Japanese % 23,28,10,165 paid to M/s. Nichimen towards design and engineering of models, soft tools, soft jigs/fixtures and assembly fixtures. In terms of Rule 4 read with Rule 9 (1) (b) (ii) and rule 9 (1) (b) (iv) of the Customs (Valuation) Rules, 1988 read with Section 14 of the Customs Act, 1962, the aforesaid amounts were required to be added to the assessable value of 34 BIWs and 2 sets of panels inasmuch as the same were manufactured by using models, soft tools, soft jigs/fixtures and assembly fixtures by M/s. Nichimen/Chiba, Japan.
The technical information generated/developed/ obtained by Nichimen and/or its sub-contractor pursuant to this agreement shall become the sole and exclusive property of M&M, and Nichimen nor its sub-contractor shall not be entitled to use the same for any purpose other than for the purpose of this agreement and shall not be entitled to apply for and register industrial property in its own name, either in or outside India.
However, Nichimen and its sub-contractor may furnish the information to the press tool die maker, nominated by M & M, if it seems helpful for design of hard tools to be manufactured by the Press tool die maker.
..
13. INTELLECTUAL PROPERTY/TITLE The technical information generated/developed/obtained by NICHIMEN and / or its sub-contractor pursuant to this Agreement shall become the sole and exclusive property of M&M, and NICHIMEN nor its sub-contractor shall not be entitled to use the same for any purpose other than for the purpose of this Agreement and shall not be entitled to apply for and register industrial property in its own name, either in or outside India.
However, NICHIMEN and its sub-contractor may furnish the information to the Press tool Die maker, nominated by M&M, if it seems helpful for design of hard, tools to be manufactured by the Press tool die maker..