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2022 (1) TMI 363 - AT - CustomsValuation of imported goods - loading of 10.5% to the assessable value under rule 10 of Customs Valuation (Determination of Value of Imported Goods) Rules, 2007 - interpolation of extraneous and unverifiable facts - HELD THAT:- The issue in dispute pertains to the three agreements against which payments were to be made to the overseas entity in terms of ‘net sales’ of the final product. According to Learned Counsel, none of the agreements had incorporated condition which would validate the invoking of rule 10 of the said Rules. It was also pointed that they had furnished the value of goods imported from the related supplier as also the value of those from unrelated suppliers and, for each year between 2012-13 and 2015-16, ranged from 44.42% to 45.07% despite which the first appellate authority has, by referring to ₹ 9.80 crores of import from related suppliers, held those to be 87.5% of the procurement. The decision of the first appellate authority has been based on foundations which remain unverifiable and is of indeterminate origin. In these circumstances, it would be appropriate for the matter to be heard afresh by the first appellate authority for decision after consideration of all the submissions by the appellant - Appeal allowed by way of remand.
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