2013 (5) TMI 351

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....off, Advocate For the Respondent: Shri M. S. Reddy, Dy. Commr. (A.R.) JUDGEMENT Per: Ashok Jindal The appellants filed appeal alongwith stay application against the impugned order wherein the order of the adjudicating authority, rejecting the declared value and enhancing the transaction value by loading 10% of the declared value, has been confirmed. 2. The brief facts of the case ar....

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....t the enhancement has been made only on the ground that the transaction value was rejected as the appellant was related to the supplier, therefore the proviso to Rule 3(3)(d) of the Rules was invoked. In fact, there is no Rule 3(3)(d) in Customs Valuation Rules 2007. It is further found that as declared value has been rejected and transaction value determined following Rule 5(2) of Customs Valuati....

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....ter to supplier on account of Royalty, Technical know-how and lumpsum payment etc. therefore, it appears to be no case of loading the transaction value on account of factors such as Royalty, Technical Know-how and Lumpsum payment to the related supplier but he loaded the value under Rule 10(1)(c) of Custom Valuation (Determination of Value of Imported Goods) Rule 2007 which deals with Royalty. The....