2002 (3) TMI 132

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....ha, President]. - Challenge in this appeal at the instance of the assessee is against the Order-in-Appeal No. HKS/949 SVB/2001, dated 21-11-2001 passed by the Commissioner of Customs (Appeals). Issue relates to the valuation of refrigeration equipment imported by the appellant from M/s. Frimont, S.P.A., Italy. The adjudicating authority loaded the declared assessable value of the goods by 15% whic....

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....(a) of the Customs Valuation (Determination of Price of Imported Goods) Rules, 1988. 3. Attack in this appeal against the above findings are two-fold. Firstly, it is contended that an indenting agent like the appellant cannot be treated as a related person has been already established by a decision of this Tribunal in Polyolefins Industries Ltd. v. Commissioner of Customs, Mumbai - 2000 (124) E....

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....de by others has, therefore, no bearing on the assessable value of imports made by the appellant. There was no material before the authorities to come to a conclusion that the supplier exercised any kind of control legal or operational over the activities of the appellant. As was held by the Tribunal in Polyolefins Industries Ltd. that a perusal of the terms of the agreement between the parties in....