2017 (2) TMI 756

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....nt Shri C. Singh, Assistant Commissioner (AR), for respondent Per M.V. Ravindran This appeal is directed against order-in-appeal No.505/2005/MCH/DC/SVB/BGK dated 16.10.2006. 2. The relevant facts that arise for consideration are the appellant herein had filed bill of entry for the import of 60 litres of lubricating oil from their sister concern in Italy. The SVB Section of the GATT Val....

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....g due process of law. 3. Learned counsel would draw our attention to the facts of the case and submit that the goods which were imported by the appellant are undoubtedly from their sister concern, but the goods which are imported are lubricating oil which is a one-off transaction due to severe shortage of the said lubricating oil in the factory of the appellant. It is his submission that the sa....

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....at the import price of 60 litres of lubricating oil as purchased from M/s. Kluber Lubrication India Pvt. Ltd. was sent to India at the same price at which the said products are sold in the market by Kluber Lubrication India Pvt. Ltd. It is undisputed that the appellant had paid the actual amount of procurement price by the sister concern of the appellant situated in Italy. Since there is no sale t....