2002 (2) TMI 246

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..... software from BOCA RESEARCH INC., USA who have invested 20% in equity of the appellant. While the appellants have no interest in the supplier of the goods from USA. On a Bill of Entry filed on 6-8-96, the appellants declared the invoice value of US $ 88 per piece, split up as US $ 50 for the modem and US $ 38 for the software. The declared values were not accepted and were enhanced to US $ 128.83 .....

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..... ned SDR's submission, that Valuation of Modem has been arrived at by going away from Transaction Value, under Rule 4(2) proviso (c) does not appeal to us. We find that on almost a similar issue, the Apex Court, in the case of Fisher Rosemount (India) Ltd., 2001 (134) E.L.T. 321 (S.C.) = 2001 (47) RLT 261 (SC) where 40% equity was held along with other stringent conditions imposed in favour of fore .....

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