2023 (8) TMI 1001

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....MBER ( TECHNICAL ) Mr. S. Chakraborty , Authorized Representative for the Appellant None for the Respondent ORDER PER R. MURALIDHAR : The Respondent has imported Auto-components from M/s. York Transport Equipment (Asia) Pvt. Ltd., Singapore. The Department took the view that the overseas exporter is a related party to the Respondent and the value adopted in the overseas invoices and Bill of ....

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....ece, shall be enhanced by 40%; 2. Being aggrieved, the Respondent has filed the Appeal before the Commissioner (Appeals). The Respondents submitted that though admittedly overseas exporter and the Respondents are related persons, the price charged by the overseas exporter is fair and independent price. They also submitted that the Adjudicating Authority has taken the higher value charged by the o....

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....ting the ratio of Hon'be Supreme Court judgment in the case of Basant Industries Ltd. 1996 (81) ELT 195 (SC), I find that constant/recurrent contractual obligations for higher quantum of imports is one of the reasons for variation of import prices and mere comparison of two invoices is not the correct manner to allege under valuation. The same contention also finds support from the Hon'ble CESTAT'....

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....mercial level. In respect of landing gears, the import price for M/s. York India is US$ 156.00 per piece and that for Asia Motor Works is US $ 154.00 per piece and that for M/s. Gorcia Auto Ltd. is US$ 215.00. When no under invoicing has been alleged in respect of import of the item @ US$ 154.00 by M/s. Asia Motor Works Ltd., it is unfair and unjust to allege that import price of the same item by ....