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2014 (6) TMI 686 - AT - Central ExciseValuation of goods - Related parties - mutuality of interest - appellant and M/s Mayer Organics Pvt. Ltd. (MOPL) are interconnected units - Rejection of valuation of goods - Held that:- There is absolutely no discussion about relationship between MOPL and the appellant. - In the case relied upon by the assessee, the Tribunal had observed that in respect of one item, the appellant was already paying Excise duty on the basis of price at which the goods were sold by MOPL and the issues of related person are not relevant. On going through both the orders of the Tribunal as well as Hon'ble Supreme Court, we find that the issue was not considered by them. We find that Hon'ble Supreme Court also did not consider this issue. In the absence of a specific challenge to the findings, prima facie, we find that the conclusion of the Commissioner that both the appellant and MOPL are related because they are interconnected undertakings and mutuality of interest has to be considered to have attained finality. Therefore, in our opinion, the appellant does not have prima face case. - Conditional stay granted.
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