2016 (11) TMI 846

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....r.l. an Italian Corporation for technical assistance for manufacture of contract product. The adjudicating authority had examined the contract and had held that MPL and Meccanica RPC , Italy are joint venture wherein Meccanica RPC , Italy hold 54% share in MPL. The original adjudicating authority had held that MPL Meccanica RPC Italy are related parties. Since MPL could not submit any evidence to demonstrate that the inputs value are not influenced by relationship 20% loading was done on the declared CIF value resorting to Rule 8 of the Customs Valuation Rules, 1988. The original adjudicating authority also directed to load the technical know-how fee/lump sum payments made by MPL to its foreign collaborator under Rule 9 (1) (c) of the Cust....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... imports. In para 2 of the cross objection following has been stated: "The imported raw material such as Grilamid Plastic Granules, stamping foil, etc., for manufacturing the said products. They imported one Hot stamping machine and power press with one progressive stamping tool from the collaborator. " 3. We have gone through the rival submissions. We find that the Commissioner (Appeals) have examined the comparable imports in detail. The Commissioner (Appeals) has observed as follows in respect of comparable imports: "I have gone through the records of the case. The appellants and the supplier are related under Rule 2 (2) and the same is not a point of dispute. As per the lower authority the appellants have not submitted any evidence....