Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

2016 (11) TMI 846 - CESTAT MUMBAI

2016 (11) TMI 846 - CESTAT MUMBAI - TMI - Valuation - 20% loading was done on the declared CIF value - Rule 8 of the Customs Valuation Rules, 1988 - foreign collaboration agreement - Rule 9 (1) (c) of the Customs Valuation Rules - Held that: - It is seen that the price of imports made by the appellants are roughly the same as price at which they have been procured by the foreign collaborator from other parties. Further, we have been informed that these items are in the nature of plastic granules .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

not influenced the price on the goods. In so far as addition of royalty under Rule 9 (1) (c) is concerned neither order-in-original nor grounds of appeal filed before the Tribunal have anything to show that the purchase of goods was a condition of transfer of technical know-how fee. In the absence of that assertion and evidence thereof demand under Rule 9 (1) (c) cannot be accepted. The appeal filed by the Revenue is dismissed. - APPEAL No. C/1357/05, Appln. No. C/CO/211/08 - Order No.A/93417-93 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Meccanica RPC s.r.l. an Italian Corporation for technical assistance for manufacture of contract product. The adjudicating authority had examined the contract and had held that MPL and Meccanica RPC , Italy are joint venture wherein Meccanica RPC , Italy hold 54% share in MPL. The original adjudicating authority had held that MPL Meccanica RPC Italy are related parties. Since MPL could not submit any evidence to demonstrate that the inputs value are not influenced by relationship 20% loading was .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

No.4 of the said data. The date of procurement invoice is after the date of import invoice. He further argued that in Sl.No.5 & 11 no details of procurement invoices are provided. He further argued that in four cases i.e. Sl.No.1, 6, 8 & 10 of the data procurement price of the foreign collaborator is the same at the price at which it has been supplied to the MPL. He argued that in view of the above, it can be seen that relationship has influenced the price and therefore, addition of 20% .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e importer from the collaborator in accordance with article 6.1 (c) and the said capital goods form part of the manufacturing line installed for production of the contract product. 2. Learned Counsel for the MPL argued that they had submitted enough evidence in respect of imports. In para 2 of the cross objection following has been stated: The imported raw material such as Grilamid Plastic Granules, stamping foil, etc., for manufacturing the said products. They imported one Hot stamping machine .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

any evidence of third party import in India of similar goods. Hence, the valuation under Rule 5 to 7A, was not done. Declared value has been enhanced by 20% under Rule 8 but the basis of the same has not been disclosed in the order, hence the same appears to be arbitrary. As per the appellants, the supplier is not manufacturer of the imported raw materials, i.e. Girlamid, and the same is procured by them from other third party suppliers. Admittedly there is no third party import of such goods. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

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

Go to Mobile Version