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TMI Blog2016 (6) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... difficulty the engaged Counsel has been prevented to appear before the Bench. 2. Moving the MA (COD) application it is submitted that delay was for preventable reason which is only 15 days. and that too there was no mala fide intention behind that. 3. Revenue has no objection to the proposition of appellant above. 4. Heard both sides and considered the difficulties stated above. Delay is condoned. MA(COD) is allowed. 5. So far as the stay of the impugned order passed by the ld. Commissioner (Appeals) is concerned, it is the submission of the learned Advocate that even though the appellant succeeded before learned adjudication authority, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... related parties. Valuation matters are very important and such cases have recurring effect. Therefore, the stay application is disposed and appeal is taken up for disposal. 9. Perusal of the appellate order of the ld. Commissioner (Appeals) shows that he remanded the matter in absence of certain documents not placed before him. Although he has co-extensive and co-terminus power, he did not call for respective evidence for his scrutiny. When he noticed that adjudicating authority has failed in his duty to determine the assessable value of related party transaction in accordance with law, he would have settled the issue as a higher appellate authority. But he followed an empty formality of hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the appellant, he shall determine implication of every element of cost in respect of related party transaction and arrive at proper assessable value of the imports. 12. With the aforesaid observations, the matter is remanded to the ld. Commissioner (Appeals) to re-adjudicate the matter and pass appropriate orders by 30.9.2016. Appellant is directed not to seek any adjournment on the dates fixed for hearing except for preventable reason brought to the notice of the ld. Commissioner (Appeals). We expect that the time frame prescribed above shall be adhered. 13. In the result, MA(COD), Stay Application as well ..... X X X X Extracts X X X X X X X X Extracts X X X X
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