TMI Blog2016 (3) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the goods are assessed by the Special Valuation Branch (SVB) which rejected the transaction value and determined loading of transaction value at 12.5% in terms of the Customs Valuation Rules - Held that: loading of 12.5% do not sustain under Rule 4 of Customs Valuation Rules, 2007. - Decided in favour of the appellant - Customs Appeal Nos.53721 to 53986, 53998 to 54132, 54150 to 54192, 5422 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s Richemont India Pvt. Ltd. against 597 distinct assessment orders passed by the Assistant Commissioner of Customs, New Delhi. 3. The appellant imported branded watches under a Distributorship Agreement with M/s Richemont Dubai, UAE. The appellant and the foreign supplier are related parties in terms of Rule 2(2) of the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the appellate Commissioner was the singular basis for the impugned orders of the Commissioner (Appeals), dated 26.6.2015 and 28.9.2015 whereunder the ld. appellate Commissioner disposed of 597 appeals preferred by the appellant herein against primary assessment orders and confirmed loading of 12.5% of the transaction value. The appellant pleads and contends and Revenue does not contest, that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, in the light of the Tribunal s final order dated 4.11.2015 (supra). We grant liberty to the appellant to file applications for refund of the duty paid, in the light of the declaration of law with regard to invalidity of the loading of 12.5%, as per our final order dated 4.11.2015 in Customs Appeal No.50868/2015. Refund applications, if filed by the appellant, shall be expeditiously considered a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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