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2022 (3) TMI 1101 - CESTAT AHMEDABADValuation - ball and roller bearing - related party transactions or not - entire goods are sold through SKF India Limited - benefit of N/N. 6/2006-CE dated 01.03.2006 - HELD THAT:- On careful consideration of the submissions made by learned Authorised Representative, although the order of this Tribunal has been challenged before the Hon’ble Apex Court but no stay has been granted by the Hon’ble Apex Court till date. Moreover, the matter has come before the Hon’ble Apex Court on four occasions in the past. In these circumstances, without obtaining stay of operation of the order of this Tribunal, we decline the request of keeping the matter pending, made by learned Authorised Representative. Therefore, the issue is proceeded to be decided. The appellant and SKF India Limited cannot be treated as related parties. Therefore, the transaction value between the appellants and SKF India Limited is the correct value for the purpose of assessment. Further, the appellant is entitled for the benefit of exemption Notification No. 6/2006-CE dated 01.03.2006 as claimed for the clearances made for generating electricity for wind mills. Appeal allowed - decided in favor of appellant.
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