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2017 (1) TMI 966 - CESTAT MUMBAIValuation - rejection of transaction value - foreign collaboration agreement - related party transaction - Held that: - Order-in-Original clearly records that appellant and the foreign collaborator are related in terms of Rule 2(2) of the Customs Valuation Rules, 1988. If that was so, it was incumbent on the adjudicating authority to give finding in terms of Rule 4(3)(a) and (b) of the Customs Valuation Rules, 1988. We find no such in the order of the original adjudicating authority either in terms of Rule 4(3)(a) or (b) of the Customs Valuation Rules, 1988. The original adjudicating authority has only recorded that the pricing of the imported goods made are as per price list supplied by the supplier of the collaborator. This is not sufficient to discharge the liability in tennis of the Customs Valuation Rules, 1988 - the Order-in-Original is not speaking order so much as there is no material to back the assertion made in the said order. Matter is remanded to the original adjudicating authority to pass a speaking order - appeal allowed by way of remand.
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