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2016 (4) TMI 397 - CESTAT NEW DELHI

2016 (4) TMI 397 - CESTAT NEW DELHI - TMI - Valuation of imported goods involving transaction between related persons - Applicability of Rule 3(3)(a) of the Valuation Rules - Import of components, spare parts, capital goods etc. from foreign supplier - Valuation to be done by Special Valuation Branch - Held that:- the Revenue has not brought forward any material to allege a change in the fact or circumstances as applicable to the past and upheld for the future imports by the Original Authority. .....

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an Khanna, Authorized Representative (DR) For the Respondent : Shri Vijay Nair, Advocate ORDER PER. B. RAVICHANDRAN :- This appeal by Revenue is against order dated 25/04/2014 of Commissioner (Appeals), Customs, New Delhi. The brief facts of the case are that the respondent are engaged in the manufacture of motor vehicles. They are regularly importing components, spare parts, capital goods etc. from their foreign supplier who is, admittedly, a related person. The valuation for the purpose of cus .....

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ice etc. the Original Authority vide his order dated 19/3/2013 held that the value in respect of goods imported by the respondent from foreign suppliers may be accepted as transaction value under Rule 3 (3) (a) of the Valuation Rules subject to usual check and scrutiny. 2. Revenue preferred appeal against the said order which resulted in issue of the impugned order. The learned Commissioner (Appeals) upheld the finding of the Original Authority. Aggrieved by this order, the Revenue is before us. .....

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h the sides. We find the main point of contention in the present proceedings are regarding valuation of imported goods involving transaction between related persons. The admitted facts are that the importer/exporter, terms of agreement, general nature of product remained the same throughout. The proceedings initiated which resulted in the original order dated 19/3/2013 is for periodical review of earlier order of Special Valuation issued on 15/4/2010 with addendum dated 07/7/2011. It is admitted .....

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