9911796707
TMI Blog2008 (4) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... er per : M. Veeraiyan, Member (T)]. - This is an appeal against the order of the Commissioner (Appeals) dated 18-9-2007. 2. Heard both sides. 3. The relevant facts of the case, in brief, are as follows : (a) The appellant, M/s. Guidant India Pvt. Ltd., is a subsidiary of M/s. Guidant Corporation, U.S.A., and commenced its operation in India in October, 2003. The appellant has entered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cate dated 16-8-2005 issued by the appellant s parent company claiming that the exports were made at prices to ensure the recovery of normal purchase and production costs, overheads and normal margins. (e) The Original Authority has analyzed the post importation scenario and found that the appellant has accounted for expenses about 76% of the sale value (i.e. employee compensation benefits 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided for in the agreement to the original authority for fresh consideration (We are informed that consequent to the remand, the Original Authority has agreed with the contention of the appellant in this regard and reduced the overall loading to 14.1%). 4. The learned advocate for the appellants concedes the relationship between the appellant and the supplier. However, he submits the relationshi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submits that the very high import prior to October, 2003 and import at a substantially lower price by the appellant are clear indicators of the influence in prices due to the relationship. The orders of the authorities below are reasonable inasmuch as in terms of Rule 7, after taking into account the relevant particulars which have been furnished by the appellant, has come to a decision of allowin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gations at their own expenses. This arrangement is bound to have an influence on the prices adopted. Under these circumstances, the order of the authorities below in holding that the relationship has influenced the prices and requires a loading to the tune of 14.1%, cannot be held to be unreasonable. 7. Therefore, we do not find any merit in the appeal and accordingly reject the appeal. (Dicta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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