2018 (7) TMI 548

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....ri T. Sunderanathan, Adv. For the Respondent: Shri K. Veerabhadra Reddy, JC (AR) ORDER Per V. Padmanabhan: The present appeal challenges the Order-in-Appeal No. 29/2011, dated 25.01.2011. The appellant is a 100% subsidiary of M/s. Sultex Ltd., Switzerland of which M/s. Itema Asia and M/s. Promotech S.p.A., Italy are group companies. The appellants have been regularly importing shuttle ....

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....e us. 2. In this connection we heard Shri T. Surendaranath, learned Advocate for the appellant and Shri K. Veerabhadra Reddy, AC (AR) for the Revenues 3. The learned Advocate submitted that the appellant enjoys 25% discount only in respect of the spares which are imported by them from the group companies for purposes of re-selling as well as warranty replacements. Such benefit is extended to....

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....pecifically excludes such category from the 25% discount. Finally, he submitted that the appellant will be entitled to such discounts. 4. The learned Authorised Representative justified the impugned order, He argued that the appellant is enjoying the 25% concession but from the records it is not clear whether they are the sole agent or there are other agents, who are enjoying the same concessio....

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.... they are the sole exclusive commercial agent and are required to carry out advertisement, sales promotion and other related activities. They are also required to maintain a minimum inventory level of Euro one crore and minimum order quantity. 6. From the Article 1.1 of the agreement between the appellant and the foreign supplier, the appellant has been appointed as the "exclusive commercial ag....