2002 (12) TMI 353

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....d., (VASI) Chengalpattu (Importer) and M/s. Visteon Corporation, U.S.A., (Supplier) are related as per Rule 2(2)(v) of Customs Valuation Rules, 1988; that the transaction value declared in the import invoice may be accepted under Rule 4 of the Customs Valuation Rules, 1988 after usual procedure and verification; that this order does not take into account any suppression or mis-declaration affecting invoice value, which shall be dealt with appropriately under the law and procedure as and when noticed. 3. In the grounds of appeal, the Dy. Commissioner has stated that this appeal has been filed as per the directions of the Commissioner of Customs vide his Order No. 19/2002, dated 26-2-2002 as per the provisions under Section 129D(2) and ....

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....awings, data Specifications etc., payment of royalty is undoubtedly relatable to the imported goods and hence loadable under Rule 9(1)(c) of CVR'88 to the assessable value." 4. Hence, it is prayed that under the provisions of Section 129D(2) and 129D(4) of the Customs Act, 1962, the Hon'ble Commissioner of Customs (Appeals) to determine the propriety of the Order-in-Original and pass an order as it may deem fit. 5. During personal hearing held on 23-12-2002 Shri R. Muralidharan, Cost Accountant and N. Ramachandran, Officer-Excise, represented the respondent and submitted that the written submissions given during the personal hearing on 19-9-2002 may be taken on record. Reiterated that royalty should not be added because they are....