2005 (10) TMI 185

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....s. 2. After hearing the ld. JDR and perusal of the records, we find that the Id. Commissioner (Appeals) categorically recorded that, "the existence of a special relationship between the appellants and the foreign collaborator is not denied. However, the issue to be examined is if the said relationship has influenced the transaction value. He has observed that it would be appropriate to point out ....

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.... term "condition of sale" has been clearly explained by the Hon'ble Supreme Court in the case of M/s. Essar Gujarat and this provision certainly does not come within the ambit of the scope as envisaged by the Hon'ble Supreme Court. Recently, the Hon'ble Tribunal, Delhi vide order No. 644/2002-A dated 16-12-2002 in the case of M/s. DCM Shriram Consolidated Ltd. have again interpreted the scope of t....

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....t that the royalty has no nexus with the cost of the imported goods. 4. We, therefore, do not find any reasons to interfere with the order passed by the ld. Commissioner (Appeal). The appeal is, therefore, dismissed. 5. [Assent Order per : Chittaranjan Satapathy, Member (T)]. - I have carefully perused the order recorded above by the Hon'ble Member (Judicial). Perusal of the relevant Agreement r....