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M/s. Lumax Samlip Industries Ltd. Versus Commissioner of Customs, Chennai

2016 (8) TMI 180 - CESTAT CHENNAI

Valuation - related persons - Special Valuation Scheme - addition of technical information and knowhow fee of USD 2.1 lakhs paid by the appellant to the exporter - Held that:- We are unable to appreciate summary conclusion based on assumption. It is .....

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Matter remanded back. - C/00321/2004 - FINAL ORDER NO. 41011/2016 - Dated:- 16-6-2016 - Shri D.N. Panda, Judicial Member and Shri B. Ravichandran, Technical Member For the Appellant Shri C. Saravanan, Adv. For the Respondent Shri R. Chandrasekhar, AC .....

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ent dated 06.05.1997. They have imported mounting pipes and insulators which are used for manufacture of mounting. Since the transactions are between related persons proceeding under Special Valuation Scheme were followed. On conclusion of the procee .....

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88. On appeal, the Commissioner (Appeals) vide the impugned order upheld the said findings. Aggrieved, the appellant is before us. 2. The learned counsel for the appellant submits that the agreement is clearly for obtaining technical-knowhow for the .....

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transaction with the manufacturing based on technical-knowhow. He further submitted that despite the submission of all related documents, the original authority as well as appellate authority came to a summary conclusion without examining all docume .....

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eads to the conclusion that the condition of such sale and import is relatable to transfer of technical-knowhow for the manufacture of licensed products. He supports the finding of the lower authority. 4. Heard both sides and examined the appeal reco .....

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from para 9 of his order. The reasoning given is based on article 5.2 of the impugned agreement. The said article deals with fee to be paid for technology in manufacture of licensed product. The original authority concluded that the said article of .....

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hat the appellant had not made available the data required to ascertain the need for above such fee. The lower appellate authority further concluded that in the absence of actual information, it should be assumed that the supplier made exports to the .....

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