The fact of the matter is number in dispute.
Part A stipulates lumpsum payment of US 14,00,000 by the respondent to the said companypanies for supply of licence, knowhow and technology.
Pursuant to and in furtherance of the said companylaboration Agreement, the respondent herein had imported plant and machinery manufactured by the said companypanies.
M s. Orissa Synthetics Limited is a division of the respondent herein.
The said Agreement is in two parts Part A provides for licence, knowhow and technology, while Part B provides for supply of equipment as a part of necessary plant and machinery and equipment for manufacture of polyester oriented yarn.
The Commissioner of Customs, however, in the appeal preferred by the respondent herein, set aside the said order dated 24th June, 2002, holding that the decision of this Court in TISCO supra is squarely applicable to the facts of the case and that Collector of Customs Prev. ,
However, the Customs Excise and Service Tax Appellate Tribunal CESTAT, on a further appeal preferred by the respondent, allowed the same and remitted the matter to the authority below for a de numbero decision in the light of a decision of this Court in Tata Iron and Steel Company Limited vs. Commissioner of Central Excise and Customs Bhubaneswar, Orissa 2000 3 S.CC.472 .
J U D G E M E N T B. SINHA,J. The Revenue is in appeal before us aggrieved by and dissatisfied with the judgement and final order dated 15th May, 2006, passed by the Customs Excise and Service Tax Appellate Tribunal, Kolkata, in Appeal No.
It, being desirous of undertaking manufacture of Polyester Oriented Yarn and Flat Yarn, entered into a companylaboration agreement with M s. Samsung Company Limited and M s. Chiel Synthetics Inc., both of Korea, on 18th November, 1999.
The appellate authority, by reason of its order dated 31st May, 2000, dismissed the said appeal.
The original authority, therefore, upheld its earlier order.
Under Part B of the said Agreement, however, price of foreign equipments are said to be US 34,86,000.00 DM 12,00,000.00 J. Yen 88,50,00,000.00.
M s. Cheil Synthetics Inc. is said to be an associate companypany of M s. Samsung group under the laws of Republic of Korea.
C 259 of 2002.
