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2024 (4) TMI 971 - AT - CustomsValuation of imported Goods - Allowance of discount of 25% to appellant by foreign supplier - related party transaction - remittances made higher than the invoice price or not - HELD THAT:- In the agreement dated 16.06.2001 executed by the appellant and the foreign supplier, the amount of discount was mentioned as 17% only - The invoices raised by foreign supplier showed 25% discount and the remittance by the appellant was made accordingly. The department does not have a case that the remittances do not match with invoice value. In para 8 of the denovo order the adjudicating authority has noted that the appellant has furnished all the particulars of imports made from the year 2001 to 2008 as well as copies of corroborated bank statement. There is no evidence adduced by department to establish that the appellant has made remittances higher than the invoice price. So also the appellant has produced the CA certificate substantiating the payments made to the supplier for the relevant period. The AA has held that the e-mail communication is a mere afterthought. The appellant has been continuously litigating contending that they had been given 25% discount by the foreign supplier. So also, they have later produced the amended agreement in which it has been expressly stated that the 25% discount is applicable retrospectively from the date of earlier agreement. Taking note of all these documents we are of the considered opinion that the appellant has succeeded in establishing that they have been given 25% discount by the foreign supplier. The impugned order is set aside - Appeal allowed.
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