2016 (6) TMI 755

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....es that  due to his  personal difficulty the engaged Counsel has been prevented  to appear  before the Bench. 2.  Moving the  MA (COD) application it is submitted that delay was for preventable  reason  which is only  15 days. and that too there was no mala fide intention behind that. 3.  Revenue  has no  objection  to the proposition  of appellant above. 4.   Heard both sides and considered the difficulties stated above.  Delay is condoned. MA(COD) is allowed. 5.   So far as the stay of the impugned order passed by the ld. Commissioner (Appeals) is concerned, it is the submission of the learned Advocate that even though the appellant ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on  determination of value of the imports made by related parties. Valuation matters are very important and such cases have recurring effect. Therefore, the stay application is disposed and appeal is taken up for disposal. 9.  Perusal of the appellate order of the ld. Commissioner (Appeals) shows that he remanded the matter  in absence of certain documents not placed before him. Although he has co-extensive and co-terminus power, he did not call for respective evidence for his scrutiny. When he noticed that adjudicating authority has failed  in his duty to  determine the assessable value  of related party transaction in accordance with law,   he would have settled the issue as a higher appellate au....