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2023 (8) TMI 561 - AT - CustomsValuation of imported goods - Related party transaction - import of foreign base supplier namely Oman India Fertiliser Company, Oman (OMIFCO) - HELD THAT:- The matter has been examined earlier by Tribunal in INDIAN FARMERS FERTILIZERS CO OPERATIVE LIMITED, KRISHAK BHARTI COOPERATIVE LIMITED VERSUS C.C. -KANDLA AND C.C (PRV.) , JAMNAGAR VERSUS INDIAN FARMERS FERTILIZERS CO OPERATIVE LIMITED [2023 (1) TMI 155 - CESTAT AHMEDABAD], wherein it has been held that IFFCO and OMIFCO are not related parties. It is apparent that the appellant importer and the foreign base exporter cannot be the treated as related parties. The impugned order which treats two as related party cannot be sustained and the same is set aside and appeal is allowed.
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