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2014 (12) TMI 823 - CESTAT MUMBAIValuation of goods - related party transaction or not - supply to group company - Applicability of Rule 8 - Appellant selling parts of pistons to their group companies - Held that:- As the appellants are not related persons as discussed here-in-above, the appropriate Rule for valuation is Rule 10 of the Central Excise Valuation Rules. As per the said Rule and relying on the CBEC Circular dated 30.06.2000 it should be established that both the parties are having mutual interest in business and inter-connected with each other. As per Rule 10 of the Central Excise Valuation Rules, it should be inter-connected and as per the Monopolies and Restrictive Trade Practices Act, 1969 it has been defined "Inter-connected undertakings". On perusal of the definition of the "inter-connected undertakings", we observe that the appellants are not covered under the definition. We further find that the issue of mutual interest has also not been alleged against the appellants. In these circumstances, we hold that Rule 8 of the Valuation Rules is not applicable in the facts of this case. Accordingly, we set aside the impugned order - Decided in favour of assessee.
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