2008 (4) TMI 612

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Sankhla, DR, for the Respondent. [Order per : M. Veeraiyan, Member (T)].  - This is an appeal against the order of the Commissioner (Appeals) dated 18-9-2007. 2. Heard both sides. 3. The relevant facts of the case, in brief, are as follows : (a)     The appellant, M/s. Guidant India Pvt. Ltd., is a subsidiary of M/s. Guidant Corporation, U.S.A., a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and also sought for details of transfer pricing policy adopted by the appellant company. (d)    They produced a certificate dated 16-8-2005 issued by the appellant's parent company claiming that the exports were made at prices to ensure the recovery of normal purchase and production costs, overheads and normal margins. (e)     The Original Authority has ana....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ting to 28.21% of the cost of the goods and consequent loading of value thereof. However, he remitted the matter relating to loading on account of compensation provided for in the agreement to the original authority for fresh consideration (We are informed that consequent to the remand, the Original Authority has agreed with the contention of the appellant in this regard and reduced the overall lo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hows that these expenses were real and reasonable and, therefore, disallowance of 50% of the expenses leading to loading of the assessable value is wrong. 5. The learned DR submits that the very high import prior to October, 2003 and import at a substantially lower price by the appellant are clear indicators of the influence in prices due to the relationship. The orders of the authorities ....