9911796707
TMI Blog2023 (8) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... their Appeal against this reasoned decision. Therefore, there are no need to interfere with the OIA passed by the Commissioner (Appeals). The Department s Appeal is dismissed. - HON BLE MR. R. MURALIDHAR , MEMBER ( JUDICIAL ) And HON BLE MR. RAJEEV TANDON , MEMBER ( TECHNICAL ) Mr. S. Chakraborty , Authorized Representative for the Appellant None for the Respondent ORDER PER R. MURALIDHAR : The Respondent has imported Auto-components from M/s. York Transport Equipment (Asia) Pvt. Ltd., Singapore. The Department took the view that the overseas exporter is a related party to the Respondent and the value adopted in the overseas invoices and Bill of Entry filed by the Respondent were not accepted as a true val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken that overseas price were influenced. The Commissioner (Appeals) after going through the factual details has held as under:- 7.1 It has been contended by the appellant that there is no influence of the relationship on prices of imports and the variation in price on comparison to third party imports is due to difference in volumes of import in terms of value and quantity which is a normal phenomenon in international trade parlance. Adopting the ratio of Hon be Supreme Court judgment in the case of Basant Industries Ltd. 1996 (81) ELT 195 (SC), I find that constant/recurrent contractual obligations for higher quantum of imports is one of the reasons for variation of import prices and mere comparison of two invoices is not the correc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port of the 2 pieces @ US$ 24.00 by other independent importer, the value has been ordered to be accepted subject to a minimum valuation @ US$ 18.00 per piece. However, the same ratio has not been adopted in respect of items like Wheel Rims and Equalizer Hangers. Here too the items imported by the Appellant are greater in number whereas those compared with have been imported in lesser number. The import at different commercial level and sporadic imports vis- -vis regular imports also affects the price. Besides, no specific reasoning has been adduced for enhancement of value of other items like small components and parts imported by the appellant by 40% which is not an admissible proposition. [emphasis supplied] 3. From the detailed find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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