TMI Blog2012 (10) TMI 461X X X X Extracts X X X X X X X X Extracts X X X X ..... prices, for which no rhyme or reason is forthcoming - appellate Commissioner's order should be stayed till final disposal of this appeal - C/2340/2010 - 807/2011 - Dated:- 12-9-2011 - S/Shri P.G. Chacko, M. Veeraiyan, JJ. REPRESENTED BY : Shri M.M. Ravi Rajendran, DR, for the Appellant. No vakalat, for the Respondent. [Order per : P.G. Chacko, Member (J) (Oral)]. - This applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... list price. The essential particulars of the discounts offered by HP to M/s. ITC Ltd. and adopted by the Commissioner (Appeals) as basis for valuation in the case in hand can be had from the following information furnished by the party : Sl. No. Ingram Invoice No. Description HP list price in USD Price given by HP in USD Discounts offered by HP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision of the learned Commissioner (Appeals). It is submitted inter alia that the discount offered to the assessee is abnormal by any standard and therefore the decision of the Commissioner (Appeals) requires to be interfered with. It has also been stated that the present sale is a conditional one as admitted by ITC in their reply. Certain conditions imposed by HP on ITC are seen mentioned in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ote that the lower appellate authority has, in fact, allowed deduction to the extent of over 97% on HP listed prices, for which no rhyme or reason is forthcoming. To our mind, the yardstick adopted by the Commissioner (Appeals) is prima facie unconscionable and it may not be advisable to maintain his view in operation till final disposal of this appeal lest it should work as a precedent for assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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