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Microsoft India (R & D) Private Limited Versus Commissioner of Customs & C. Ex., Hyderabad IV

2015 (5) TMI 966 - CESTAT BANGALORE

Duty demand - Capital goods - rate and valuation of the assets - Section 28AB - Held that:- The impugned order concludes that Microsoft Corporation , USA is not the owner of the appellant or of MGSCI even though these entities may be subsidiaries of Microsoft Corporation USA, as they are distinct legal entities and therefore appellant and MGSCI are separate legal entities. The impugned order proceeds on the basis that while a holding company may have effective control over a subsidiary, such con .....

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Notification No.52/2003-Cus, which has triggered the liability to duty, it is appropriate that duty on the valuation should as on the date of commencement of sharing of the assets by the appellant with MGSCI. - impugned order suffers from no infirmity - Decided against assessee. - Customs Appeal No.00537 of 2009 - Final Order No. 21236/2015 - Dated:- 25-5-2015 - Mr. Justice G. Raghuram and Mr. B.S.V. Murthy, JJ. For The Appellant : Mr. Shankar Balu, C.A. For The Respondent : Mr. A.K. Nigam, A.R .....

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of capital goods and confirmed the liability in accordance with provisions of Section 28AB of the Customs Act, 1962, payable on the date of commencement of sharing. 2. In 2006, the appellant applied to the Assistant Commissioner of Customs, Hyderabad IV for sharing of common assets etc. with M/S MGSCI, which is a group company, for sharing of its assets in the premises. Vide order dated 24.4.2006, the Assistant Commissioner conveyed the permission granted by the Commissioner with regard to shar .....

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hereby the appellant leased a specified extent of space in 2nd and 3rd floor of its premises to M/s MGSCI together with assets on a monthly rent. 4. Proceedings were initiated on the basis that sharing of the assets by the appellant with M/s MGSCI was in violation of the conditions specified in Notification No.52/2003-Cus dated 31.3.2003, in particular, condition No.12 and therefore the appellant is liable to remit customs duty, since it was disentitled to the benefits of Notification No.52/2003 .....

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