LAWS(CE)-2005-6-93

MONTRONIX INC. Vs. COMMISSIONER OF CUSTOMS, BANGALORE

Decided On June 15, 2005
Montronix Inc. Appellant
V/S
COMMISSIONER OF CUSTOMS, BANGALORE Respondents

JUDGEMENT

(1.) THIS is an appeal against Order -in -Appeal No. 296/2003, dated 16 -7 -2003 passed by the Commissioner of Customs (Appeals), Bangalore.

(2.) THE appellants are the branch office of a foreign supplier namely Montronix Inc USA. The appellants have imported tool monitoring system and parts thereof from the Principal Company. There are third party imports also. There is a great variation between the price at which the goods are sold to the appellants and to the third parties. Therefore, investigations were conducted by the Special Valuation Branch. Based on investigations, the Original Authority increased the transaction value by 100%. The Commissioner (Appeals) has upheld the Order of the Lower Authority.

(3.) SHRI K.K. Varrier learned consultant appeared for the appellants and Shri R.N. Viswanathan learned SDR appeared for the Revenue.