2004 (12) TMI 140

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..... ., is a Joint Venture between M/s. Prodelin Corporation, USA and Mr. Ashok Mago of New Delhi. The joint venture was set for purpose of assembly and installation of antennae. For the said purpose the appellant joint venture imported antenna parts from their foreign partner. Customs authorities took the view that, since the transaction was between related parties, the purchase price of the joint ven .....

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..... ng, fabrication drawing, etc. He, therefore, held that the relation between the two companies would have a bearing on the value of imported goods. The Commissioner, therefore, upheld the order of the Deputy Commissioner ordering addition of 10% to the invoice value of the goods imported from M/s. Prodelini Corporation, USA for the purpose of assessment. 2. We have heard both sides and perused the .....

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..... ality Control during production and before shipping. ·       Necessary supports for PIPL and, if required, to its clients on a day to day basis. ·       After sales services to customers in case of major problems faced by them. ·       Assistance in achieving ISO-9002 Certification." 3. The submission of .....

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..... c clause which relates to assistance for "the sources of supply of raw material with pricing details for procurement" (the third item in clause l.1 reproduced in para 2). 5. We have perused the records and considered the submissions made by both sides. True, the authorities are right in holding that transaction is between related persons inasmuch as the importer is a joint venture in which the fo .....

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..... ice in the present case is not a full commercial price. In these circumstances, we are of the opinion that the transaction value between the parties cannot be treated as anything other than a commercial price. Such a price commends itself as assessable value. The impugned order is not sustainable. Accordingly, it is set aside and the appeal is allowed with consequential relief, if any, to the appe .....

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