TaxTMI 
TaxTMI 
2017 (5) TMI 1000
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....t entered into a technical collaboration agreement with Valtek Inc., USA (hereinafater referred to as collaborator). The appellant s case of imports from their collaborator was taken up for examination by the Gatt Valuation Cell and after examination of the papers, the Dy. Commissioner, Gatt Valuation came to the conclusion that (i) there is no mutuality of interest between the business of the a....
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....he decision of the apex court in Essar Gujarat 1996 (88) ELT 609 (SC) and on the decision of the Tribunal in Himson Textile 1997 (93) ELT 301. The Commissioner (Appeals) also noticed the cross objection filed by the appellant and observed that the original adjudicating authority has not cited any provision of the contract agreement to support the contention that there is no condition of sale in th....
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....d the same and has not offered any findings as to why such submissions are not applicable. Ld. counsel argued that they are neither subsidiary nor they manufacture any exclusive product under collaboration. It was argued that under the collaboration agreement the foreign collaborator is providing them technical knowhow to improve quality of control valves manufactured by them. Ld. counsel argued t....