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2016 (7) TMI 1197 - AT - CustomsValuation - loading of value at the rate of 2% on the CIF value to arrive at the assessable value of imported goods purchase by the appellant on High Seas Sale basis from their group company - Held that:- t though there is a guideline in the Public Notice No. 145/2002 dt. 3.12.2002 for adding the High Sea Sales service charges at the rate of 2% but in the present case there is a legal contract between the appellant and the High Sea Seller for addition of ₹ 500/- towards High Seas Sales Commission. We find that neither the adjudicating authority nor the Ld. Commissioner (Appeals) have given any concrete evidence that why the actual High Seas Sales Commission of ₹ 500/- is not correct. We are of the view that the 2% service charges can only be added if there is no basis of actual high seas sales commission/service charges. In the present case, there are sufficient materials to support the high seas sales commission of ₹ 500/- added by the appellant in the invoice value. Commissioner (Appeals) has loaded 2% only on the basis of his opinion and not on any evidence - Demand set aside - Decided in favor of assessee.
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