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2018 (2) TMI 1065

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..... Asst. Commissioner(AR), For the Appellant Shri Ramesh Sharma, Consultant, For the Respondent Per : V. PADMANABHAN The appeal is filed by the Revenue against the Order-in-Appeal No.471/2016 dt. 30/06/2016. The respondent has been importing various goods such as I-Phones, I-Pad Mini, I-Pod Classic and other items bearing 'Apple' brand name from their related suppliers M/s. Apple Computer South As .....

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..... ation also has been filed praying for staying the operation of this order with the plea that the imports are recurring in nature. 2. With the above background, we heard Shri Pakshi Rajan, learned AR for the Revenue and Shri Ramesh Sharma, Consultant for the respondent. 3. After hearing both sides and perusal of records, we find that the import of goods by the respondent has been the subject matt .....

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..... d from Apple Sales International, Ireland was very high and of the order of around 56.912% for I-Phones, 7.363% for I-Pad mini, and 2.88% for I-Pod classic. The original authority took the view that the goods were received by Singapore company from Ireland and subsequently supplied to the respondent. The profit margin of Singapore company was shown as 1.522% for all items. The adjudicating authori .....

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..... ngly he has ordered for acceptance of transaction value. 6. After hearing both sides and perusal of appeal records, we find absolutely no justification for loading of profit margin attributable to the Ireland unit on the goods imported by the respondent from the Singapore unit. 7. In view of above, we find no reason to interfere with the impugned order which is sustained and the appeal filed by .....

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