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2016 (12) TMI 1029 - AT - CustomsValuation of imported goods - rejection of declared value on the ground that the parties were related - related party transaction - Held that: - we find that there is no evidence brought on record that contemporaneous imports were at a higher price and there being one common director of the importers was also a director and supplier in Walltracts, Dubai, had influenced the price. In the absence of any such evidence, we find that the transaction value as declared by the appellant should not have been rejected. Compliance of provisions of rule 4(3)(a) - Held that: - we do agree with the submission of the Id. counsel that provisions of rule 4(3)(a) needs to be complied, assuming that there is a relationship between the supplier and the appellant herein, the circumstances warrant the same should be examined and the transaction value shall be accepted as the value of the imported goods provided that relationship did not influence the price. In the case in hand, there is nothing on record to show that due to commonality of one director the prices were influenced. Burden of proof of under invoicing is on the revenue, which has not been done. The loading of the price by 100% is incorrect and the impugned order is unsustainable - appeal allowed - decided in favor of appellant.
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