2015 (3) TMI 469

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..... ated that if there are third party imports, then the invoice valuation should be the price charges in the price list plus 10%. It is also accepted that the appellant are importing at the price declared in the price list. On examination of the condition of Article 4 (3) of the Distributorship Agreement it is clearly mentioned that in third party transaction, the valuation of the imported good shall .....

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..... 2. The brief facts of the case are that the appellant have been importing shower arms, shower mixer, basin mixer, stop cock etc. from M/s Kludi Gmbh and Co. KG, Germany; M/s. Kludi Armaturen, Poland and M/s. Kludirak LLC, UAE. The appellants are a joint venture with M/s. Kludirak LLC, UAE and M/s. Kludirak UAE held 70% of the shares with appellant. Therefore, it was found that appellant is a relat .....

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..... price is correct. He further submits that loading of 10% based on the alleged import of the identical goods under Rule 4 and 9 is 10(1)(a) also incorrect. He further submits that the transaction value declared by the appellant is to be accepted. 4. On the other hand, ld. AR supported the impugned order. 5. Heard both sides. Considered the submissions. 6. To arrive at the decision whether .....

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