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TMI Blog2013 (9) TMI 619X X X X Extracts X X X X X X X X Extracts X X X X ..... i Customs House. They imported conveyor belts of various specifications along with accessories from M/s. Semperit France Belting Technology, France and Poland under six Bills of Entry during the period March 2008 to June 2009. The importer and the foreign suppliers are related parties inasmuch as the importer is a joint venture company of Semperit Aktiengesellschaft Holding a Public Limited Company incorporated and existing under the laws of Austria and the foreign supplier is an associated company of the company in Austria and they are part of the same group of companies. The import made by the appellant was examined by the Valuation Cell, Mumbai and it was noticed that the prices declared in respect of impugned imports were comparable wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... royalty agreement entered into by the appellant with their foreign principal is for the manufacture of textile reinforced conveyer belts to be manufactured in India by the appellants and the royalty payments are made for the said technical know-how as a percentage of the domestic sales/export of the product. This has nothing to do with the import of conveyer belts by the appellant from their associate company in France, as these are two entirely different transactions. Further, the price at which the goods have been supplied to the appellant company compare favourably with similar goods supplied by the same supplier in France to other importers in other countries, such as, Pakistan, Argentina and Chile. Therefore, it cannot be said that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted the transaction value. Further as per the decision of the Hon'ble apex Court in the Prodelin case (supra), merely because the importer and the foreign supplier are related persons, the transaction value cannot be rejected and the onus to prove that the declared price did not reflect true transaction value is always on the department and in the absence of any evidence that identical or similar goods imported by other importers are at higher price, the department is bound to accept the transaction value. The ratio of the above decision applies squarely to the facts of the case. There is no evidence led by the department to show that the transaction value declared by the appellant has been influenced by the relationship between the fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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