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2015 (5) TMI 332 - AT - Central ExciseUndervaluation of goods - Mutuality of interest - interconnected undertaking - Burden of proof - Held that:- It is established fact on record that partners of the appellant are the directors of the buyer company i.e. NGA Steels Pvt. Ltd. But to prove mutuality of interest, causing prejudice to the interest of revenue, the essential ingredient of influence over price of the appellant is absent. Show-cause notice does not speak about the mode of transport resulting in undervaluation. Mere allegation that there was mutuality of interest remained unproved when burden of proof was on Revenue in this regard. - Invoking of Rule 10 of the Valuation Rules on the allegation of interconnected undertaking would have been appreciated had there been material brought on record to show that such an interconnection caused prejudice to Revenue by undervaluation made by the appellant. But, that is also not the case. - Decided in favour of assessee.
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