Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s Colgate Palmolive (India) Ltd. Versus Commissioner of Customs, Mumbai

2016 (8) TMI 1119 - CESTAT MUMBAI

Valuation- Payment of royalty or technical knowhow license fee - Held that:- We find that the adjudicating authority in the Order-in-Original has mentioned that “there is no royalty and technical knowhow or license fee paid/payable”. The learned Commissioner (Appeals) also passed the order on this findings made out in the Order-in-Original, whereas from the Books of Account, it is clear that there is payment of royalty or technical knowhow license fee during the period 1999-2000 and 2000-01. Fro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

be the relevant factor for valuation. However, if it is found that the royalty payment shown in the Books of Account is not related to the present transaction and related to some other transaction, the same cannot be relevant for the valuation in the present case. - Thus we remand the matter to the adjudicating authority to verify the Books of Account and to give a clear finding whether there is royalty payment and if there is, whether it is related to this transaction or otherwise and the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s (Appeals), Mumbai-I. 2. The facts of the case are that the import made by M/s Colgate Palmolive (India) Ltd., Mumbai from M/s Colgate Palmolive PTY Ltd., Australia and their affiliates worldwide was taken up for examination under Section 14(1) of the Customs Act, 1962 read with Customs Valuation (Determination of price of imported goods) Rules, 1988. A case was registered in the SVB as the supplier and the importer are related party under Rule 2(2) of the Customs Valuation Rules, 1988. The gro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hat there is no royalty/technical knowhow license fee paid or payable. Aggrieved by the adjudication order, the Revenue filed an appeal before the Commissioner (Appeals), who has set aside the order and allowed the appeal of the Revenue. The main ground, for setting aside of the order, given by the learned Commissioner (Appeals) is that the lower authority has given finding that there is no payment of royalty and technical knowhow fee by the importer as per annual reports of the company, whereas .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

een Colgate Palmolive, Australia and the importer. Therefore, there is no infirmity in the order. The learned Commissioner (Appeals) has not verified this aspect and without going into the fact that there is no royalty payment in connection with the present transaction, allowed the appeal of the Revenue. He prays for setting aside the order of the Commissioner (Appeals). 4. On the other hand, Shri Kamal Puggal, learned AC (AR) appearing on behalf of the Revenue reiterates the findings of the imp .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version