9911796707
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Issues:
- Determination of assessable value under Customs Valuation Rules, 1988 based on relationship between foreign supplier and Indian importer - Applicability of Rules 4 and 5 for valuation of imported goods - Burden of proof on the Revenue to establish related person status and mutuality of interest - Comparison of prices with contemporaneous imports for valuation purposes Analysis: 1. Determination of assessable value: The appeal challenged an order regarding the assessable value of imported orange shock tubes based on a relationship between the foreign supplier and the Indian importer. The Commissioner of Customs (Appeals) concluded that the relationship influenced a price reduction, justifying an enhancement of the value for duty levy purposes. 2. Applicability of Rules 4 and 5: The adjudicating Deputy Commissioner applied Rule 5 for valuation as the buyer and seller were considered related due to an agreement where the importer agreed to purchase 100% of their annual requirement from the supplier. This decision was upheld by lower departmental authorities. 3. Burden of proof on Revenue: The appellant argued that the relationship with the foreign supplier was not proven, emphasizing that no evidence showed the Indian importer's related status with the supplier. Citing legal precedents, the appellant contended that the Customs Valuation Rules applied, and the Revenue failed to establish mutuality of interest or provide evidence of contemporaneous imports at higher prices. 4. Comparison with contemporaneous imports: The Revenue reiterated that the price of the foreign supplier before May 1, 2001, was higher, and no evidence indicated a trend of international price reductions or quantity discount agreements. The Revenue argued that the price of previous months' imports should apply to the current month's imports. 5. Judgment: The Tribunal noted the Revenue's claim of related person status based on the foreign supplier's equity holding but found that this alone did not establish mutuality of interest, especially since no equity was held by the manufacturer in the foreign company. As there were no contemporaneous imports by other importers and insufficient evidence of related status, the Department failed to prove the enhancement of assessable value under Rule 5. Consequently, the appeal was allowed, and any consequential relief was to be granted to the appellants in accordance with the law.
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