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M/s Habasit Lakoka Pvt Ltd Versus The Commissioner of Customs (Imports)

2015 (6) TMI 774 - SUPREME COURT

Valuation of Jumbo rolls - Import from related party - Held that:- CESTAT has rejected the valuation on following fronts - The original authority also found that the exporting Swiss Company charged the independent importers 20% extra on the basic list price of S-251, A-2 grade materials towards cutting and joining. This extra 20% has been into account and adjusted by the original authorities to compare the prices charged to the respondents and other independent importers. This method adopted by .....

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ationship has influenced the price, valuation cannot obviously be done under the Transaction value method accepting the declared value - The value established by the original authority adequately represents cost plus freight to the suppliers based on independent sales once the cutting and joining charges are adjusted. Fact arrived on the basis of material of record. - Decided against the assessee. - Civil Appeal No. 3490 of 2005 - Dated:- 8-5-2015 - A K Sikri And Rohinton Fali Nariman, JJ. For t .....

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es on the ground that the M/s Habasit Holding A.G. Switzerland and the appellant are "related persons". This finding was arrived at by giving reasons that the Swiss company holds 51 per cent shares of the appellant and it also appoints three directors in the Board in the Indian company with additional right to nominate a Director of its choice to be the Chairman of the Board with a casting vote. These facts are not disputed and therefore, the aforesaid conclusion of the customs authori .....

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the appellant was the market price of such goods at which these goods were sold and therefore, the appellant had not sought any advantage because of the relationship between the parties. This contention has been rejected by the CESTAT by giving following reasons: - "3. While examining whether the relationship between the Swiss Exporter and the respondents has influenced the price of the impugned imported goods, the original authority found that the impugned goods imported by the respondents .....

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e of S-251, A-2 grade materials towards cutting and joining. This extra 20% has been into account and adjusted by the original authorities to compare the prices charged to the respondents and other independent importers. This method adopted by the original authority is perfectly in order to arrive at a valid comparison between goods of the same grade and identification code in the absence of any sale of belts in running length to other independent importers. 4. On comparison, the original author .....

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