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TMI Blog2001 (2) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... r : G.A. Brahma Deva, Member (J)]. This appeal arises out of is directed against the Order-in-Original dated 21-1-1994 passed by the Commissioner of Customs, Bangalore. 2. The issue relates to valuation. By impugned order the Collector of Customs, Bangalore has accepted the declared invoice price of US $ 0.41 per piece as the true transaction value. He ordered release of the 29,278 pieces o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issued by M/s. Lucas Export Services Ltd., England under unit price as shown as US $ 0.68 per piece. 4. While reiterating the grounds the Departmental representative submitted that the Commissioner erred in holding that the said invoice issued by Manufacturer in favour of M/s. Lucas, TVS, Madras was between two related parties and therefore, unacceptable as true transaction value. 5. Arguing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of valuation is also not sustainable. In support of this contention, he referred to the decision of Supreme Court in the case of M/s. Eicher Tractors Ltd. v. Commissioner of Customs, Bombay reported in 2000 (122) E.L.T. 321 (S.C.) = 2000 (41) RLT 621 (S.C.) wherein it was observed that the value according to Section 14(1) shall be deemed to be the price at which such or like goods are ordinaril ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant M/s. Auto International. On point of valuation also, no evidence has been placed on record to substantiate the claim of the department that the transaction value is not correct price. In view of this position, the ruling laid down by the Supreme Court in the case of M/s. Eicher Tractors Ltd. (Supra) is also clearly applicable to the facts of this case as it was rightly pointed on behalf ..... X X X X Extracts X X X X X X X X Extracts X X X X
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