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TMI Blog2021 (4) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... ladium Computer System from their parent company for their use in their Bangalore office and filed Bill of entry No. 124919 dated 29 March 2006. Subsequently, they imported some spares and accessories related to the system filing appropriate bills of entry. Since it was a case of import from a parent company by its subsidiary in India, the assessment was referred to the Special Valuation Branch of the Customs House. The SVB returned the matter to the assessing officer without recording any findings on the effect of the relationship on valuation. On appeal by the appellant, the Commissioner (Appeals) remanded the matter to the Original Authority. Thereafter, the Original Authority, viz., Assistant Commissioner of Customs, Special Valuation B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms Valuation Rules, 2007 sequentially. Rule 9 was directly applied without either examining or recording the applicability of Rule 3 to Rule 8. On this ground also the impugned order is not sustainable. (iii) If at all, profit margin has to be added to the invoice value it should be done by considering only the profit margin of this product line and not the profit margin of the company as a whole. (iv) While calculating the average profit margin, the profits earned during some years were considered while ignoring the losses earned during some other years. Therefore, the average profit margin which is considered is much higher than the actual average profits. For this reason also the impugned order is not sustainable. 5. Learned Depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 and the Customs Valuation Rules, as applicable to each of the consignments. 7. Accordingly, without passing any remarks on the merits of the case and leaving all issues open, we remand the matter to the Commissioner (Appeals) to re-determine the value of the imported goods in terms of Section 14 and the Customs Valuation Rules, as applicable during the relevant periods of time after giving an opportunity of hearing to the appellant. The appellant should provide the written submissions and data on which he seeks to rely upon before the Commissioner (Appeals) within three weeks from the date of this order. The Commissioner (Appeals) shall, thereafter fix a personal hearing within a month and decide the matter within three months from the d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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