As stated above, this was done on the basis that the two companypanies, named hereinabove, had the status of related persons.
The aggrieved respondent preferred an appeal before the Customs, Excise Gold Control Appellate Tribunal, Regional Bench at Mumbai for short the tribunal which having reversed the said order of the original and appellate authority, the Commissioner of Central Excise, Mumbai, is before us in this appeal.
SANTOSH HEGDE, J. In a dispute pertaining to determination of the valuation of goods imported by the respondent herein from M s. Rosemount Inc. USA, the Assistant Collector of Customs, Special Valuation Bench, Bombay, held that the respondent herein is a related person to M s. Rosemount Inc. of USA, hence, it assumed that both the said companypanies are interested in the business of each other and that the prices are number the sole companysideration.
An appeal filed against the said determination by the respondent herein before the Collector of Customs Appeals , Bombay, came to be dismissed, upholding the findings of the original authority.
It further held that for two parties to be related, it also required the existence of interest by both in the business of each other.
