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2015 (2) TMI 1090 - CESTAT NEW DELHIWaiver of pre deposit - Duty demand - Related person - Valuation - Captive consumption - Held that:- Merely because the assessee and his buyers are interconnected undertakings in terms of section 2(g) of Monopolies and Restrictive Trade Practices Act, 1969, for the purpose of valuation, the two cannot be treated as related person and the transaction value cannot be rejected merely on this basis, that for rejecting the transaction value in such cases the conditions prescribed in Rule 10 of the Central Excise Valuation Rules have to be satisfied which are that - (a) all the sales of the excisable goods are to or through the interconnected undertaking; and (b) either the assessee or its buyer are the holding company or subsidiary company or they are also related in terms of clause 2nd, 3rd or 4th of section 4 (3)(b) and only when the above conditions are satisfied , the transaction value can be rejected and has to be determined in the manner prescribed in Rue 10. In this case according to the appellant, these conditions are not satisfied, but the commissioner (Appeals) in the impugned order has not examined this plea. - Matter remanded back - Decided in favour of assessee.
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