2021 (4) TMI 719

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....adium Computer System from their parent company for their use in their Bangalore office and filed Bill of entry No. 124919 dated 29 March 2006. Subsequently, they imported some spares and accessories related to the system filing appropriate bills of entry. Since it was a case of import from a parent company by its subsidiary in India, the assessment was referred to the Special Valuation Branch of the Customs House. The SVB returned the matter to the assessing officer without recording any findings on the effect of the relationship on valuation. On appeal by the appellant, the Commissioner (Appeals) remanded the matter to the Original Authority. Thereafter, the Original Authority, viz., Assistant Commissioner of Customs, Special Valuation Br....

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....ms Valuation Rules, 2007 sequentially. Rule 9 was directly applied without either examining or recording the applicability of Rule 3 to Rule 8. On this ground also the impugned order is not sustainable. (iii) If at all, profit margin has to be added to the invoice value it should be done by considering only the profit margin of this product line and not the profit margin of the company as a whole. (iv) While calculating the average profit margin, the profits earned during some years were considered while ignoring the losses earned during some other years. Therefore, the average profit margin which is considered is much higher than the actual average profits. For this reason also the impugned order is not sustainable. 5. Learned Departm....