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2015 (3) TMI 384 - CESTAT CHENNAIWaiver of pre deposit - valuation - sale to related parties - mutuality of interest - Held that:- There is no dispute that the applicant cleared the goods to the related persons. It is seen that there is a wide difference in prices for rods of similar strength and width as could be evident from the sale invoices of the transaction with the above two dealers and the sale invoice for the transaction made on the same days to the other buyers. It has been observed that the applicant has not placed evidence that they have sold the excisable good to unrelated buyers at lower value at which they sold the goods to the two dealers. In the case of Jai Balaji Jyoti Steel Ltd. Vs. CCE - [2014 (8) TMI 749 - CESTAT KOLKATA] whereby unconditional stay was granted in an identical situation. Tribunal granted stay on the ground that merely because there is a common director between the assessee and the other two units. It is observed that there is no material available that there is mutuality of interest between the two parties. In the present case, there is evidence placed by the Revenue that the transaction price between the assessee and the two dealers are much lower than the transaction value of other buyers. So, the case law relied upon by the applicant would not be applicable in the present case. - there is mutuality of interest on the basis of evidence placed by the Revenue that the transaction value of the two dealers is much lower than the transaction value of other buyers and therefore the applicant failed to make out a prima facie case for waiver of predeposit of entire dues. The learned consultant has not pleaded any financial hardship. - Partial stay granted.
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