2002 (12) TMI 470

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Respondent. [Order per : J.H. Joglekar, Member (T)]. - The appellants are engaged in the manufacture of pumps in technical collaboration with M/s. Sulzer Pumps Limited, Switzerland. Three agreements were entered into between the parties. The agreements provided for payment of transfer fees for technical know-how of SF. 31,81,000/-. Payment of royalty expressed as a percentage of the price o....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....peal memorandum and in the submission of Shri Mathew it was claimed that in the proceedings no grounds were given for rejection of the transaction value. The submissions made in this regard were disregarded by the Commissioner. It was claimed that the order speaks of non-application of mind. It is argued that relevant case law in the form of Supreme Court judgment in the case of Mahindra & Mahindr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on of the contested goods; on citation of relevant case law but the Commissioner (Appeals) had not paid any attention to the submissions. 5. Shri S.V. Parelkar arguing for the Revenue supported the Commissioner (Appeals) findings. 6. We have carefully considered the submissions made. Counsel during the submissions showed us case law in the form of Tribunal judgement in the case of Fero....