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2018 (8) TMI 1535 - HC - CustomsValuation of imported goods - related party transaction - it was found that the petitioner (importer) and the Foreign Supplier are related under Rule 2(2) of the Custom Valuation (Determination of Valuation of Imported Goods) Rules 2007 - Held that:- The Tribunal found the Appellate authority has compared the prices of other producers like M/s.Gamesa and that the appellate authorities has came to a wrong conclusion. The Tribunal therefore, upheld the order of the original authority, which held that the price variation for capital goods and components, is because of the supply of assembled products to M/s.Gamesa Wind, whereas, the imports made by the appellant in SKD/CKD products, required some assembling process to make for the finished products - The Tribunal has analysed the entire facts as the final fact finalising authority and that cannot be said to be unreasonable or wrong. The conclusion arrived at by the Tribunal that Article 19 only mandates that the respondent will be liable to pay all the tax that will imposed on the transaction has nothing to do with the payment or a condition of sale is a possible view which does not require any interference - appeal dismissed.
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