2015 (10) TMI 205

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....ty's decision holding that duty is payable on the price of the imported goods as per the List price. It was also ordered by the adjudicating authority that on the expiry of three years period of the order of Assistant Commissioner of Customs (SVB), the appellant will continue to pay EDD equal to 1% of the assessment value. 2. The facts are that the appellant being a 100% subsidiary, imported electronic automation parts from their Principal. The appellant are related person in terms of the definition of 'related person' under Rule 2(2) of the Valuation Rules. The appellants were receiving the imported goods at a discount of 35% to 45% on the List price of the Principal. The appellant submitted evidence to the effect that an independent deal....

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....import price should be accepted. The Commissioner (Appeals) also referred to the reply to the questionnaire filed by the appellant with the Department in connection with the SVB valuation, in which the appellant had mentioned that the Principal had control over the corporate policies of the appellant. Further, it is also recorded by him that the invoice produced by the appellant of M/s Inteltek Automation Pvt. Ltd. actually pertains to the import made by their groups/companies/distributors. He further mentioned that the appellant used to get monthly fee of 5000 Euros for the services rendered on account of "trade show and seminar participation" and other tasks. 3. Heard both sides and considered the submissions. 4. At the outset, we may m....

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....alue declared by the appellant. They have not proceeded sequentially through the Valuation Rules in determining the value. The whole case has been dealt by the lower authorities in a very casual manner without examining the evidence and circumstances provided by the appellant in the form of import by another independent dealer and the provisions of law, particularly the Valuation Rules. Therefore, it would be most appropriate to remand this case back to the adjudicating authority for taking a proper legal view in the matter. 5. The adjudicating authority also ordered the appellant to pay the EDD of 1% on their imports after the expiry of his order in 2011. Board Circular No. 11/2011-Cus dated 23.2.2011 requires that if finalization is not ....