Case nº Ruling No. AAR/ST/20/2016 in Application No. AAR/44/ST/12/2014 of AAR Cases, July 15, 2016 (case In Re : H&M Hennes and Mauritz Retail Pvt. Ltd. Vs)

JudgeFor Appellant: Shri Tarun Gulati, Advocate and For Respondents: Shri Amresh Jain, Authorised Representative (AR)
PresidentV.S. Sirpurkar, Chairman, Shri S.S. Rana and R.S. Shukla, Members
Resolution DateJuly 15, 2016
Issuing OrganizationAAR Cases

Court Information AAR Cases
Citation 2016 (45) STR 476 (AAR)
Judgment Date 15-Jul-2016
Party Details In Re : H&M Hennes and Mauritz Retail Pvt. Ltd. Vs
Case No Ruling No. AAR/ST/20/2016 in Application No. AAR/44/ST/12/2014
Judges V.S. Sirpurkar, Chairman, Shri S.S. Rana and R.S. Shukla, Members
Advocates For Appellant: Shri Tarun Gulati, Advocate and For Respondents: Shri Amresh Jain, Authorised Representative (AR)
Acts Finance Act, 1994 - Sections 66B, 68

Ruling:

1. M/s. H&M Hennes & Mauritz Retail Pvt. Ltd. (hereinafter also referred to as applicant) is an Indian wholly owned subsidiary comprising of M/s. H&M Hennes & Mauritz GBC AB, Sweden ("H&M GBC") holding 99% of equity shares of the applicant and M/s. H&M Hennes & Mauritz International AB, Sweden ("H&M AB") holding the remaining 1% shares of the applicant. Applicant is in the process of setting up of its business of single brand retail trading of various products viz. Clothes and Apparel, Footwear, Cosmetics and Accessories, Handbags, Home furnishing products, Children Products, Outdoor utility products, etc., under the brand ''H&M". H&M AB, resident in Stockholm, Sweden, is the parent company of the H&M group of related entities. H&M AB currently operates as the centralized administrative entity of the global H&M operation and is the owner of all H&M intellectual property related to the H&M brand and trademarks. H&M AB''s main responsibilities include the development of the overall strategic direction of the H&M Group and the maintenance and ownership of the H&M brand and trademarks. H&M AB has granted global exclusive rights to H&M GBC to exploit "H&M concept" and associated trademarks, and to implement the marketing and brand strategies as defined by H&M AB throughout the globe. H&M GBC, resident in Sweden, is the operational head office company of the H&M Group. H&M GBC is responsible for all operational activities within H&M Group''s supply chain, including design, buying (material sourcing), production, logistics, strategy for pricing policy, advertising and marketing, shop location policy, store design, management, finance, strategy, and sales. H&M GBC holds all intellectual property, e.g., operational know-how, associated with these activities.

2. Applicant proposes to procure and import into India, said goods from independent overseas third party manufacturers at an agreed price. The said goods will be procured by the applicant on a principal to principal basis (from the third party manufacturers) and the goods will be imported into...

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