2005 (4) TMI 358

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....hri S.M. Tata, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - Heard both sides. 2. The appellant imported Hepatitis-B Vaccine consignment from its holding company. Under the impugned order the transaction value has been rejected for the purpose of assessment to Customs duty and goods ordered to be assessed at the list price of the holding company. The consignment h....

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....at, in any event, there was no misdeclaration involved and confiscation of the goods was unjustified. 4. We have heard learned SDR and perused record. The transaction is admittedly between related persons. Therefore, its commercial nature is required to be established. Except that the payment made is at the transaction price, the appellant has no material to show that the transaction was n....

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....the same in respect of resale price also, as it is few multiples of the landed price. In view of these, we are of the opinion that enhancement of assessable value is not to be interfered with. 5. On the question of misdeclaration, it is seen that the appellant has not misdeclared any particulars. The relationship between the parties and the transaction value have not been concealed or mis-....