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2013 (10) TMI 402 - CESTAT NEW DELHIValuation - related parties - exclusive sale to units in which assessee holds shares as many as 7.7% and 12.85% – Waiver of Pre-deposit – Held that:- Following Alembic Glass Industries Ltd. [2002 (4) TMI 75 - SUPREME COURT OF INDIA] purchaser and the seller having some shares in each other and having common chairman and three directors would not be the reason to hold that buyer company is the related person - Revenue has gone to the costing method and has found that sale price was less than the cost price - there are no details given by the Revenue as to how such costing arrive at by them and for which period - The appellant have categorically denied having provided any costing structure to the Revenue - costing arrived in today’s date would not be relevant for the past period starting from 2005 onwards - the appellant has good prima facie case in his favour so as to dispense with the condition of pre-deposit of entire amount of duty and penalty – Unconditional stay granted.
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