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TMI Blog2013 (5) TMI 351X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount of factors such as Royalty, Technical Know-how and Lumpsum payment to the related supplier. No evidence has been brought on record by the adjudicating authority that there is some flow of funds other than the transaction value. The transaction value has been enhanced under Rule 10(1)(c) of the Custom Valuation Rules, 2007 which clearly deals with lumpsum payment of royalty. There is no just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re 2008, the supplier was related with the importer Geissel Jakap Pvt.Ltd. which was in joint ventures and from the date of subsidiary of M/s. Geissel Gmbh, M/s. Geissel Jakap became M/s. Geissel India Pvt.Ltd. As the supplier and the importer are the related person, therefore, as per Rule 2(2) of Customs Valuation (Determination of value of Imported goods) Rules, 2007, the declared value of the i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e resorted. As the appellants did not produce the data, therefore, the Commissioner has no option but to rely on the audited balance sheet of the appellants and thereafter found that 23.80% are the administrative expenses therefore he enhanced the value of 10% of the declared value under Rule 8 of the Custom Valuation (Determination of Value of Imported Goods) Rules 2007 and the said order was con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the Ld. Counsel and submitted that the questionnaire given to the appellants was replied in affirmative and no similar imports or transaction value has been submitted by the appellants. Moreover, in the balance sheet, they have shown the administrative expenses to the tune of 23.80% which is on higher side. Therefore, it is presumed that loading of 10% on the declared transaction value is pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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