9911796707
TMI Blog1999 (9) TMI 190X X X X Extracts X X X X X X X X Extracts X X X X ..... jan, Advocate, for the Respondents. [Order per : Gowri Shankar, Member (T)]. - Two questions are required to be determined in this appeal filed by the department against the order of the Collector (Appeals). The first is whether M/s. Modi GBC Ltd., the respondent and General Binding Corporation, (GBC) (a US firm) are related. The second is whether the value of the drawings of the components sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the respondent. The ownership of 40% of the respondent shares by GBC did not satisfy this criterion. This is sought to be challenged on the ground on the same ground in the notice. 3. It will be evident that this fact of ownership of the respondent shares by GBC to the extent of 40% of equity did not attract the provisions of clause (iv) of Rule 2(2). If they have to be called as ownership o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hares of the respondent company, would not itself give it control over of the respondent. It would be out voted in any decision making by the remaining shareholders. There is absolutely no material to show that this would not so. Apart from this objection, this is an entirely new ground not contained in the notice or raised or considered therefore by the Assistant Collector or Collector (Appeals). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d services supplied directly or indirectly by the buyer of the imported goods free of charge or at the rates for use in connection with the production and sale for export of the imported goods. The departmental representative is unable to deny that there is no allegation in formulating of these drawings any goods or services were supplied by the respondent by GBC which were used. This rule therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
