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2016 (8) TMI 180 - CESTAT CHENNAI

2016 (8) TMI 180 - CESTAT CHENNAI - TMI - 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 the case of the appellant that they have provided all the material record in support of their plea. However, we find the same was not recorded and the appellant's failure to furnish the record has been conclu .....

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rious licensed products in terms of agreement 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 proceedings, the original assessing authority concluded that technical information and knowhow fee of USD 2.1 lakhs paid by the appellant to the exporter should be added to the transaction value in terms of Rule 9 .....

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goods and there is no nexus in the import 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 documents. 3. Learned Authorised Representative strongly opposed the plea of the appellant by stating that the imported raw materials are very much required for manufacturing the licensed products. Such imperative .....

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