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2015 (8) TMI 298 - AT - Central ExciseValuation - Related person - whether there was short payment of duty in the clearance of the goods by respondent to M/s ITL due to the reason both of them is having mutuality of interest and are related persons - Held that:- The correctness of demand for extended period is also to be decided. It is relevant to note that the allegation of Show Cause Notice says since the noticee also exclusively sold their entire production of excisable goods to their related M/s ITL, the assessable value of the said excisable goods is required to be determined in terms of the provisions of Section 4(3)(b)(iv) Central Excise Act, 1944 read with Rule 6(c)(ii) and Rule 6(b)(ii) of the Valuation Rules, 1975 upto 1.7.2000 and as per amended Section 4(i)(b) read with Rule 8, 9 and 10 of the valuation Rules 2000 w.e.f. 1.7.2000. - This allegation is examined in detail by the ld. Commissioner (Appeals). He observed that only holding of share of 50% and selling of entire production by the appellants to M/s ITL is not enough to prove the mutuality of interest in the business of each other. Detailed examination and categorical finding of the ld. Commissioner (Appeals) in respect of both limitation and on merits could not be faulted and we find no reason to interfere of the order of the ld. Commissioner (Appeals) - Decided against Revenue.
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