TMI Blog2001 (12) TMI 781X X X X Extracts X X X X X X X X Extracts X X X X ..... r per : P.G. Chacko, Member (J) (Oral)]. The present application, filed by the appellants, prays for stay of operation of the impugned order of the Commissioner of Customs (Appeals). Having examined the records and heard both sides, we propose to dispose of the appeal itself finally at this stage. Therefore, we reject the stay application and proceed to deal with the appeal. 2. The appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he authorities to examine firstly the question of acceptability of the transaction value under other provisions of Rule 4 and then, if found unacceptable, to examine the question under Rule 5. In the case on hand, both the authorities applied Rule 4(3)(a) (b) in the determination of assessable value of the goods, as if the Indian buyer, namely, the present appellants were related to the foreign ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Both the authorities below have recorded a clear finding to the effect that the appellants (buyer of the goods in question) were not related to the foreign supplier of the goods viz. the Indonesian Company in terms of Rule 2(2) of the C.V. Rules, 1988. The authorities, nevertheless, invoked sub-rule (3) of Rule 4 in examining the question whether the declared transaction value could be accepted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to be impermissible in view of the Supreme Court s decision cited by the ld. Consultant. In that case, the Apex Court clearly held that, if the transaction value could be determined under Rule 4(1) and did not fall under any of the exceptions in Rule 4(2), there was no question of determining the value under the subsequent rules. The Supreme Court s ruling has been followed by this Tribunal in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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