9911796707
TMI Blog2004 (12) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... a Joint Venture between M/s. Prodelin Corporation, USA and Mr. Ashok Mago of New Delhi. The joint venture was set for purpose of assembly and installation of antennae. For the said purpose the appellant joint venture imported antenna parts from their foreign partner. Customs authorities took the view that, since the transaction was between related parties, the purchase price of the joint venture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abrication drawing, etc. He, therefore, held that the relation between the two companies would have a bearing on the value of imported goods. The Commissioner, therefore, upheld the order of the Deputy Commissioner ordering addition of 10% to the invoice value of the goods imported from M/s. Prodelini Corporation, USA for the purpose of assessment. 2. We have heard both sides and perused the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on a day to day basis. · After sales services to customers in case of major problems faced by them. · Assistance in achieving ISO-9002 Certification." 3. The submission of the appellant is that the above clause, in no way, relates to the price of goods purchased from the foreign partners. It only provides for assistance of the foreign partner in design and manufacture of goods i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the submissions made by both sides. True, the authorities are right in holding that transaction is between related persons inasmuch as the importer is a joint venture in which the foreign supplier is a partner. However, that by itself is no ground to make addition to sale price. A perusal of the service agreement makes it clear that its area of coverage is mainly manufacturing, design, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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