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2015 (3) TMI 469 - CESTAT MUMBAIValuation of goods - Related person - on the basis of the agreement between the parties the Adjudicating Authority arrived at the decision that 10% of valuation is required to be loaded in the declared transaction value - Held that:- As per Article 4(3) of the Agreement, it is stated that if there are third party imports, then the invoice valuation should be the price charges in the price list plus 10%. It is also accepted that the appellant are importing at the price declared in the price list. On examination of the condition of Article 4 (3) of the Distributorship Agreement it is clearly mentioned that in third party transaction, the valuation of the imported good shall be 100%. In other words, the appellants are importing the said goods being a related person as per price shown in the price list. Therefore, it is held that the transaction value is influenced being related person. Accordingly, we hold that the adjudicating authority has rightly loaded the value 10% on the transaction value. Therefore, we do not find any infirmity with the impugned order; the same is upheld. - Decided against assessee.
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