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2015 (2) TMI 691 - AT - CustomsValuation of goods - Determination of transactional value - Influence on transactional value - Held that:- Lower appellate authority has not given any reasoning as to why the transaction value cannot be accepted. The only reason given is that Rule 12 provides for rejection of transaction value involving special discounts limited to exclusive agents. The learned lower appellate authority has ignored the fact that Rule 12 does not provide for a method of valuation as explicitly stated therein. It only mentions the circumstances under which transaction value can be rejected. Once the transaction value is rejected, then the value has to be determined sequentially following Rules 4 to 8 of CVR, 2007 which the appellate authority has failed to do. Since there are no contemporaneous imports of similar or identical goods, the assessing authority has determined the value adopting the deductive method under Rule 7 and found the transaction value to be acceptable. There is no rebuttal by the appellate authority as to why this conclusion drawn by the assessing authority is wrong and therefore, the reasoning adopted by the lower appellate authority is completely mis-placed. In the facts of the present case, there is no allegation of any flow back or payment of any additional consideration by the appellant to the foreign supplier. In the absence of any positive evidence, the argument that transaction value cannot be accepted has to be rejected. The ratio of the decisions of this Tribunal in the case of Rehau Polymers Pvt. Ltd., (2014 (6) TMI 265 - CESTAT MUMBAI) would also apply. In view of the above, we set aside the impugned order and allow the appeal by restoring the previous order of the assessing officer wherein it has been held that the transaction value has not been influenced by the relationship between the foreign supplier and the Indian importer. - Decided in favour of assessee.
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