Home Case Index All Cases Customs Customs + AT Customs - 2016 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (11) TMI 988 - AT - CustomsValuation - related party transaction - import of parts of switches - Held that: - We find that in arriving at the conclusion that the invoice value has not been influenced by the relationship of the appellant with its foreign supplier. In the order dated 15.03.2013, it has been held that the foreign supplier does not supply the same goods to any other buyer in India / other countries; that the goods were supplied pursuant to the conditions prescribed in the purchase orders; that the supplier of goods has included the profit element in the cost of the goods supplied to the appellants; that contemporaneous import of similar/identical goods were not available in the NIDB Data. On verification of the documents submitted by the appellant, since the Dy. Commissioner of Customs, SVB concluded that the relationship did not influence the price and in absence of availability of contemporaneous import of similar /identical goods in the NIDB Data for the relevant period, we are of the view that the said order is in conformity with the Customs Valuation Rules. Therefore, there was no requirement for remanding the matter to the Original Authority for re-looking into the provisions of Rule 3 (3) (b) of the Valuation Rules for ascertaining the valuation of the subject import. Appeal allowed - decided in favor of appellant.
|