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2013 (2) TMI 567 - CESTAT MUMBAISale to related person - demanding duty at the sale price - assessee contested as they are dealing with M/s WTIPL at the arms length & also demand is time barred - Held that:- M/s Sandvik AB, Sweden is holding company of the applicant firm both having more than 50% of the shares in M/s Walter AG Germany, which in turn holds 99.9% of shares of M/s WTIPL, the customer of the applicant. Thus going through the adjudication order it is found that the goods cleared by the applicants were further sold by M/s WTIPL at the higher price, thus in view of the share holding as mentioned above the dealing is not at arms length - issue of limitation is question of law and facts and the same shall be taken at the time of final hearing - applicant has not made out a prima facie case for complete waiver of pre-deposit thus directed to deposit Rs.4.5 lakhs within a period of eight weeks.
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