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2016 (1) TMI 193 - AT - Central ExciseValuation - appellants short paid the Central Excise duty as they have not taken 115% of cost of production in respect of goods sold to related persons - Held that:- Original authority neither discussed the various grounds of defense taken by the appellants nor categorically arrived at the conclusion as to which provisions of law have been applied to the facts of the present case to arrive at the conclusion that there is a related party transaction. The original order is totally devoid of any discussion of findings to this effect. Certain facts as declared by the appellant to the income tax authorities and in the balance sheet of M/s. Oswal Woolens Mills ltd. has been taken and the conclusion has been simply drawn by the original authority - both the lower authorities have not applied their minds in deciding the case. There has been no discussion on the facts relevant to the issue and the legal provisions applicable to such facts. The various grounds on which the appellants defended the case have not been discussed at all by the lower authorities. - Matter remanded back.
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