9911796707
TMI Blog2017 (12) TMI 1515X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri Madhupsharan, Asst. Commissioner ( AR ) For the Appellant Smt. Rukmani Menon, Advocate For the Respondent ORDER Per : V. Padmanabhan The present appeal along with stay application has been filed by the Revenue against the Order-in-Appeal No. 426-2016 dated 08/06/2016. The respondent is a regular importer of goods from their principal M/s. Jenoptik Industrial, Metrology GmbH, Germany. The dispute in the present case is pertaining to the valution of goods imported from their principals for purposes of stock and sale. The importer and the foreign principal were considered as related persons and the valuation of such imports was the subject matter of investigation by the Special Valuation Branch, Bangalore (SVB). The or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 12% to 30% since they undertake business risks in importing, stocking and selling such goods in India. Such risks involve foreign exchange risks, replacement of parts etc. It is the submission of the Revenue that such business risks will not justify discounts to this extent since it is possible for the respondent to plan the imports in such a way that cost of investment and business risks in the activity is minimal. iii. It is also submitted that matter is recurring nature and the order may be stayed. 4. Learned counsel for the respondent justified the impugned order. Her submissions are summarized below:- i. They are appointed as a sole distributor. The related supplier offers the same discount to all the distributors worl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ness of regularly importing goods which are in the nature of spare parts. The foreign supplier extends discounts ranging from 12% to 30% to the appellant in India. The dispute in the present case is with reference to these discounts offered. In the impugned order, it has been held that the respondent is entitled to such discounts and the transaction value may be accepted without loading to the extent of such discounts. The respondent has justified the discounts being offered to them by claiming that being the sole distributor of the products by the foreign principals in India, they undertake the activity of after sales service, administration, marketing etc. In this process, they undertake various types of risks such as risk of obsolescence ..... X X X X Extracts X X X X X X X X Extracts X X X X
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