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2014 (5) TMI 407 - CESTAT MUMBAIValuation - Importation of certain goods from foreign principals and selling in India – Influence of relationship with the supplier on the price – Non-production of Price List of unrelated suppliers and not to their 100% subsidiaries - Held that:- Price list is one which indicates prices of the goods at which the goods are available to any buyer who is not related to the seller of such goods - In the present case, as is indicated on the price list, the prices are applicable only for Kemper (India) - Goods are not available on such price to unrelated buyers in India or abroad - The importer has not been able to produce any price list of the supplier, which is applicable to unrelated persons (and not to their 100% subsidiaries) - The so called price list meant for Kemper (India), Kemper (China) or Kemper (Japan) is of little utility in determining the issue. The analysis by original authority is purely based upon the balance sheet and profit & loss account - It would have been more appropriate if the original authority would have done analysis as per Rule 7 of the Customs Valuation Rules, i.e. starting from sale value in India and working out backward - Without doing any analysis or any data supporting certificate from the supplier, the Assistant Commissioner seems to have concluded about the prices under Rule 8 (or Rule 7A under old Rules) of the Customs Valuation Rules, 2007 – It is also noted that the first appellate authority also has not done any analysis but on certain grounds, has only set aside the order of the original authority - Both the orders and remand are set aside - Whole matter remitted back to the original authority for analyzing the data in proper perspective and then come to the conclusion – Decided in favour of assesse.
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