Page 96 - ELT_15th May 2020_VOL 372_Part 4th

486 EXCISE LAW TIMES [ Vol. 372

provisions of Rule 9 of these rules and cost incurred by the
seller in sales in which he and the buyer are not related;
(c) substitute value shall not be established under the provisions of clause
(b) of this sub-rule.
9. Cost and services. — (1) In determining the transaction value, there
shall be added to the price actually paid or payable for the imported
goods, -
(a) the following cost and services, to the extent they are incurred by the
buyer but are not included in the price actually paid or payable for the
imported goods, namely :-
(i) commissions and brokerage, except buying commissions;
(ii) the cost of containers which are treated as being one for cus-
toms purposes with the goods in question;
(iii) the cost of packing whether for labour or materials;
(b) the value, apportioned as appropriate, of the following goods and
services where supplied directly or indirectly by the buyer free of
charge or at reduced cost for use in connection with the production
and sale for export of imported goods, to the extent that such value
has not been included in the price actually paid of payable, namely :-
(i) materials, components, parts and similar items incorporated in
the imported goods;
(ii) tools, dies, moulds and similar items used in the production of
the imported goods;
(iii) materials consumed in the production of the imported goods;
(iv) engineering, development, art work, design work, and plans
and sketches undertaken elsewhere than in India and neces-
sary for the production of the imported goods;
(c) royalties and license fees related to the imported goods that the buyer
is required to pay, directly or indirectly, as a condition of the sale of
the goods being valued, to the extent that such royalties and fees are
not included in the price actually paid or payable.
(d) the value of any part of the proceeds of any subsequent resale, dispos-
al or use of the imported goods that accrues, directly or indirectly, to
the seller;
(e) all other payments actually made or to be made as a condition of sale
of the imported goods, by the buyer to the seller, or by the buyer to a
third party to satisfy an obligation of the seller to the extent that such
payments are not included in the price actually paid or payable.
(2) For the purposes of sub-section (1) and sub-section (1A) of Section 14
of the Customs Act, 1962 (52 of 1962) and these rules, the value of the im-
ported goods shall be the value of such goods, for delivery at the time and
place of importation and shall include -
(a) the cost of transport of the imported goods to the place of importation;
(b) loading, unloading and handling charges associated with the delivery
of the imported goods at the place of importation; and
(c) the cost of insurance :
Provided that -
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