9911796707
TMI Blog2016 (6) TMI 755X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant, he shall determine implication of every element of cost in respect of related party transaction and arrive at proper assessable value of the imports. - Matter restored before the Commissioner (Appeals) to re-adjudicate the matter and pass appropriate orders - Decided in favor of assessee. - Condonation Application No.50497 of 2016 Stay Application No.50498 of 2016 and Customs Appeal No.50353 of 2016 - Final Order No.51922/2016 - Dated:- 31-5-2016 - Mr. D.N. Panda, Judicial Member and Mr. B. Ravichandran, Technical Member Shri Sanjay Jha, Advocate (proxy counsel) for the appellant Shri Ranjan Khanna, A.R. for the respondent ORDER Shri Sanjay Jha, ld. Counsel says that he is authorized by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the other hand, Revenue submits that when review was conducted , certain lapses in the adjudication order surfaced for which appeal was preferred by Revenue before ld. Commissioner (Appeals). He understood that there were certain controversy that needs decision. For such reason, he remanded the matter to him with direction for re-examination of certain documents as is apparent from para 8 and 9 of the impugned order. Therefore, there should not be any intervention to the order of learned appellate authority. 7. Heard both sides and perused records. 8. The controversy in this appeal is on determination of value of the imports made by related parties. Valuation matters are very important and such cases have recurring effect. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Neither the adjudicating authority nor the appellate authority having acted in accordance with law relating to valuation which is codified by 2007 Rules with interpretative Rules thereon and specific methodology of valuation is prescribed, ld. Commissioner (Appeals) is directed to re-adjudicate entire matter afresh taking into account the anxiety of revenue expressed in review decision. Granting reasonable opportunity of hearing to the appellant, he shall determine implication of every element of cost in respect of related party transaction and arrive at proper assessable value of the imports. 12. With the aforesaid observations, the matter is remanded to the ld. Commissioner (Appeals) to re-adjudicate the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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