2008 (2) TMI 111

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....the same are being dealt with by a common order. 2. Heard both sides. 3. The relevant facts which are common in r/o appeal No. C/89/04 and appeal No. C/115/04 are as follows :- (a) The appellant is a 100% subsidiary of M/s. DOW Chemical (India) Holdings Pvt. Ltd., which in turn is a 100% subsidiary of M/s. Dow Chemical Company, USA and are indenting agents for promoting the sale of products of US based company and its affiliated companies and for local stock and sale activities. (b) The Special Valuation Branch of Mumbai Customs after examining the Trade Mark agreement, sales agreement and other connected documents relating to transaction between the appellant and the exporter came to the conclusion vide their order dt. 28-9-200....

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....e Mumbai Customs authorities have clearly held that the transaction between them and the foreign supplier was not influenced by the relationship; that the said order of the Special Valuation Branch, Mumbai Customs has not been appealed against. As Indian based subsidiary company, they are regular importer and as a regular importer they are entitled to a lower price purely on commercial considerations. Therefore comparison of their transaction value with the transaction value by an importer in a stray case is not correct. Therefore, even though in respect of import covered by bill of entry dt. 6-8-2001 is of comparable quantity and quality from the same manufacturer through the same ship, they are not comparable at commercial level. In respe....

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....emains unchanged. Any change affecting the invoice values materially, be informed to this Branch suo motu by the importer without delay. This decision shall be reviewed as and when information additional or contrary to whatever furnished is brought to the notice of this Branch. This decision is subject to occasional review/for a final review after a period of three years. All the pending provisional assessment may be finalized accordingly." 6.3 It could be seen that the decision by the Mumbai Customs has been taken on the basis of importer's statement, information and declaration made in various written statements made to the Department. It is seen that the above order provides enough scope for adopting a different price based o....