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Jagajothi Spinning Mills Versus Commissioner of Central Excise, Salem - 2013 (8) TMI 344 - CESTAT CHENNAI
Valuation (Central Excise) - Sale to related parties - Demand of differential duty - Penalty u/s 11AC - Commissioner upheld penalty - Held that - the provision in the Valuation Rules, with regard to sale to related persons, is an exception to the general rule. That exception is applicable only when the manufacturer so arranges that goods are not sold except to or through related person. In the present case, goods are being sold to unrelated parties also. To such a case, the exception does not apply. In any case, the price to the related person cannot be called a non-commercial price since the same was higher than the price to unrelated parties - Following decision of ULTRA REFRIGERATORS PVT. LTD. Versus COMMISSIONER OF C. EX., DELHI-IV 2004 (4) TMI 167 - CESTAT, NEW DELHI and Birdi Steels Vs. CCE 2004 (10) TMI 145 - CESTAT, NEW DELHI - Decided in favour of assessee.