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2016 (6) TMI 717 - AT - Central ExciseValuation - Mutuality of interest - duty demand, interest and penalty on the observation that all the companies and firms have interest in the business of each other as the key persons of all the units are members of a family and are related persons - Held that:- Merely because the shareholders of the two companies are relatives (the directors here), or the director of the private limited company and partners of the firm are relatives or the directors of the private limited company and the proprietor are relatives can it be said that the two limited companies are also “related” to each other. That it is not so has been so held in various pronouncements of the Courts and the Tribunal The Department has not been able to adduce any evidence to establish mutuality of interest in the above units. The observations of the Commissioner (Appeals) that merely because the key persons of all units are related or are members of a HUF it cannot be said that they are related persons under the Excise law is correct. We do not find any infirmity in the impugned order - Decided in favour of assessee
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