TMI Blog2014 (12) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... some rate of discount of 65% given on the price list. Further in precedent case where foreign supplier was having holding 35% of the equity are also getting 65% discount clearing policy on list price and the same has been accepted by the Revenue. Therefore we hold that in this case the transaction value declared by the appellant is not influenced being related person and the transaction value is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st by their foreign supplier therefore the matter was investigated by Special Valuation Branch, Mumbai and it was held that as the appellant is related to their foreign supplier therefore, transaction value has been influenced. Accordingly, the declared value was enhanced by 185%. On appeal, the Commissioner (Appeals) confirmed the order of Special Valuation Branch. Aggrieved by the impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o same where the goods supplied to the appellant. It is further submitted that in case of M/s. Teknic Euchner Electronics Pvt. Ltd. Bangalore wherein the foreign supplier having 35% holding, goods were supplied to Teknic Euchner Electronics Pvt. Ltd. on the same price the goods supplied to the appellant. Therefore the price is not influenced being a related person as there is uniform policy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sides. 7. In this case the dispute is regarding whether transaction value declared by the appellant is to be accepted being related person or the transaction value has been influenced being related person. We find that the foreign supply is having uniform policy wherein the buyers from their foreign supplier are getting some rate of discount and we have inspected the invoice issued to Brazil an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
