9911796707
TMI Blog2002 (2) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... rom BOCA RESEARCH INC., USA who have invested 20% in equity of the appellant. While the appellants have no interest in the supplier of the goods from USA. On a Bill of Entry filed on 6-8-96, the appellants declared the invoice value of US $ 88 per piece, split up as US $ 50 for the modem and US $ 38 for the software. The declared values were not accepted and were enhanced to US $ 128.83 by the Ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind :- (a) The learned SDR's submission, that Valuation of Modem has been arrived at by going away from Transaction Value, under Rule 4(2) proviso (c) does not appeal to us. We find that on almost a similar issue, the Apex Court, in the case of Fisher Rosemount (India) Ltd., 2001 (134) E.L.T. 321 (S.C.) = 2001 (47) RLT 261 (SC) where 40% equity was held along with other st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... permissible additions. The resort to Rule 7 as made herein, was not called for. The Transaction Value cannot be departed from in this case, as per the law laid down by the Apex Court in the case of Eicher Tractors Ltd., 2000 (122) E.L.T. 321 (S.C.). (c) We therefore find no merit in the Commissioner (Appeals) order upholding the determination of value. 4. In view o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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