Per V.K. Agrawal : The issue involved in this appeal, filed by M/s. Otto India Private Ltd., is whether technical know-how is includible in the assessable value of goods imported by them.

2. Shri P.R. Biswas, learned Consultant, submitted that the Appellants, in association with M/s. Humboldt Wedag India Ltd. (HWIL), entered into a turnkey contract dated 23.5.94 with M/s. Steel Authority of India (SAIL) for design, manufacture, supply of equipment, steel structures, etc., and transportation and delivery at site of the said materials, civil foundation and other civil works including storage, erection, testing, commissioning and performance guarantee tests of Revamping of 1.6 million tonne Coal Washery at Durgapur Steel Plant; that they imported BATAC - Jig, disc fitter and spares valued at DM 10,13,647.81 plus U.S.$ 27,039.38 from M/s. K.H.D. Humboldt Wedag A.G.; that they are in no way related to the foreign supplier of the impugned goods; that there was no collaboration agreement with the foreign supplier nor there is any finding to the contrary in the Adjudication Order; that participation of HWIL in the Project was based on the technical know-how from their collaborators in