Per Justice K.K. Usha : This is an appeal at the instance of M/s. Polar Marmo Agglomerates Ltd. who imported certain plant and machinery from M/s. Breton S.P.A. Industria Meccanica, Italy as part of the collaboration agreement dated 20.6.89 entered into between the parties. The issue for consideration relates to the valuation of the plant and machinery thus imported. The Commissioner (Appeals) while affirming the order of the adjudicating authority took the view that fee for transfer of know-how and also for assembling and start up of the plant are to be added to the assessable value of the imported plant and machinery. The above finding is under challenge in this appeal at the instance of the importer.

2. Polar Marmo Agglomerates Limited (hereinafter referred to as the appellant) was engaged in the activity of developing, inter alia, Agglomerated Marble Slabs and Agglomerated Marble Tiles. For the purpose of developing agglomerated stones the appellant entered into a foreign collaboration agreement dated 20.6.89 with M/s. Breton S.P.A. Industria Meccanica, having its registered office in Italy. In terms of the collaboration agreement Breton had agreed to supply to the appellan