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2013 (1) TMI 309 - CESTAT, NEW DELHIRejecting of Transaction value of imported goods – Under Rule 2(2) of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - Provisional assessment – Related party - Rule 5 of Customs (Valuation) Rules, 1988 – Price of identical goods imported by unrelated buyers in India - Assessee engaged in assembly/manufacture of electric motors, A.C or D.C., single phase or multi-phase -Importing Completely Built Units (CBUs) from parent company - Section 28 of the Customs Act - Held that:- No material has been brought on record to show that the price declared is not the real transaction value. For loading of the value declared for charging customs duty, the best evidence that Revenue can produce is flowback of extra consideration. Since the parties are related parties such evidence may not easily be available. But in such cases evidence of imports at higher prices by unrelated buyers will be good evidence. Since the appellants have produced evidence, vide letter dated 18-5-2010, to show that presently the prices are not influenced by the relationship and Revenue has not rebutted this contention with any evidence, we set aside the impugned order and direct that the assessments of goods imported by the appellant be assessed at prices declared by them with effect from 31-1-2010 with consequential benefits if any. This order shall act as a bar on ordering provisional assessment of future imports at higher prices based - In favour of assessee
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