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2010 (3) TMI 307 - CESTAT, CHENNAIValuation- Related person- The appellants wrote a letter to the Deputy Commissioner of Customs declaring that Nestle India and Nestle Brazil were related persons’ for the purpose of Customs Valuation Rules but the relationship between the buyer and seller had not influenced the price. The Deputy Commissioner (SVB) by his Order-in-Original dated 26-5-2001 rejected the appellant’s request for assessment on the transaction value and determined the value for Customs purposes under Rule 8 of the Customs Valuation Rules holding that all imports by Nestle India from Nestle Brazil, Nestle France and Nestle Netherlands would be loaded by 20% for Customs duty assessment. Held that- the impugned order requires to be set aside and we order accordingly. Since the matter is very old and there is no other material on record which will enable application of an alternative method of valuation such as ‘Computed Value Method’ or ‘Deductive Value Method’ at such a distant point of time, we see no reason for ordering a further remand. Hence, we direct that the assessments may be made on the basis of declared value as a practical measure to resolve this decade old dispute. The appeal is allowed in the above terms.
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