TMI Blog2017 (2) TMI 756X X X X Extracts X X X X X X X X Extracts X X X X ..... ducts are sold in the market by Kluber Lubrication India Pvt. Ltd. - when the said import documents reveal that the goods have been procured from third party and the value declared is the value of the third party supplying the goods to Italian sister concern of the appellant, no question of rejection of transaction value arises - appeal allowed - decided in favor of appellant. - C/46/07-Mum - A/8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al of such documents, adjudicating authority held that the supplier of 60 litres of lubricating oil was a related person. Accordingly, he enhanced the value by 10% towards general profit margin and 5% towards handling charges to arrive at true and correct transaction value, also ordered that the management fees paid by M/s. Mahindra Mahindra to importer needs to be added proportionately to invoi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quire any enhancement as there was no condition attached to the sale of the said lubricating oil which was procured from third party. 4. Learned departmental representative reiterates the findings of the lower authorities. 5. On perusal of the records, we find that there is no dispute as to the fact that the goods which were imported were 60 litres lubricating oil, which was undoubtedly supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... party and the value declared is the value of the third party supplying the goods to Italian sister concern of the appellant. 6. In view of the foregoing, in the peculiar facts and circumstances of this case, we find that the rejection of the transaction value of 60 litres of lubrication oil is unwarranted and incorrect. The impugned order is set aside and the appeal is allowed. (Pronounced ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
