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TMI Blog2017 (3) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... nt Per: M.V. Ravindran This appeal is filed by the Revenue against order-in-appeal No. 665/2006/MCH/DC/Gr.III/06 dated 8.1.2007. 2. Heard both sides and perused the records. 3. On perusal of the records, it transpires that the issue involved in this case is regarding enhancement of value of the imported goods, as it appeared to the Revenue authorities that the goods were imported from a suppli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rson in India or any other country. In such a situation, the lower authority should not have insisted on test values as required under Rule 4(3)(b) rather he should have explored the valuations under subsequent Rules, i.e. Rule 5 to 8, based on documents available on records. In his order, the lower authority has enhanced the value by 50%, but the specific Rule of the CVR, 1988, under which the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urchase plus 10% mark-up. In the appeal, they have also submitted detail chart in this regard for various items imported by them from their related supplier. In the ground of appeal, they have also cited one incident of import by them by one unrelated company M/s. David Zau and Company of China for which the price approximate to the value of the same product. The same has not been disputed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no payment on account of royalty/technical knowhow fees. The appellants are involved in manufacture of final products using the imported items. The pricing of the same is taken on the basis of cost of production/purchase plus 10% markup. The same appears to be reasonable. In view of earlier discussions, I set aside the order of the lower authority and allow the appeal with consequential relief." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner (Appeal) or not?" 5. It can be seen from the above reproduced grounds of appeal that the Revenue is not contesting the factual findings recorded by the first appellate authority. In the absence of any serious contest to the factual findings as recorded by the first appellate authority, we do not find any merits in the appeal filed by the Revenue. 6. The impugned order is upheld and the appea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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