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TMI Blog2023 (9) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... '4.8 The appellant has not produced any evidence which may suggest that the findings/ conclusion arrived at by the OA was not correct. The only specific objection the appellants took in appeal before the Hon'ble CESTAT is as under: "7. While examining the deductive value supplied by the importer respondent, the DC had not examined balance sheet to ascertain whether the transportation charges, manufacturing overheads, promotional expenses, selling & distribution cost and profit are correct. 8. Comparison of two vaccines "Priorix" and "Hiberix" in the impugned order showed unexplained variance w.r.t. packing cost, transportation, promotional expenses and S & D expenses. It was therefore, necessary to examine the balance sheet. 9. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e first appellate authority was dismissed by order dated 11th August, 2009. In further appeal of Revenue, order of the Tribunal dated 11th July 2018 held that the matter was required to be heard afresh by the first appellate authority for having traversed beyond the issue in appeal. The first appellate authority took note of the decision of the Tribunal and held as supra for a fresh decision by the original authority. 3. Learned Counsel submits that the observation that '4.7 From the above, it is clear that OA has surmised the correctness of the price in view of the supply agreements between the supplier and the importer, the market conditions prevailing in respect of these vaccines, margin of profit and the expenses connected to manufac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t this system which has been followed in our judicial system must be maintained by all judicial and quasi judicial authorities. However, considering the unconditional apology tendered today the directions as contained in order dated 29th September, 2006 to the extent quoted by us earlier are expunged. With the above direction petition disposed of.' and of the Hon'ble High Court of Karnataka in Dell International Services India (P) Ltd v. Assistant Commissioner of Income Tax, Bangalore [2016 (382) ITR 37 (Karnataka)] holding that '9. We observe that no proper reasoning has been given by the Tribunal for exercising the power of remand. The directions issued by this Court while remanding the matter to the Tribunal is not considered by the T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Customs on the need to ascertain the veracity of the data from the balance sheet. This had been sought for as the 'retail selling price' of the two vaccines involved, viz. 'Priorix' and 'Hiberix', was substantially higher than the 'ex-factory price' which could possibly be attributed to loading identified costs on the consumer while distancing the import transaction from those intrinsic elements. The finding of the Special Valuation Branch was based on 'deductive value', furnished by the appellant herein, approximating the import price and the non-ascertainment of correctness of the elements in the furnished computation was the flaw sought to be rectified in appeal. Hence the direction of the Tribunal to consider the plea as laid out in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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