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2016 (6) TMI 1092 - AT - Central ExciseValuation - Related person - nature of clearance - Held that:- Commissioner has examined the issue in details and found that the respondent is not a related persons to M/s IAFL. We further observe that in this case the respondent is making clearance in the open market also. As respondent is selling goods in the open market, the prices of the goods at which the goods are sold in the open market should be treated the transaction value but in the show cause notice it was not alleged against the respondent. We have also examined the show cause notice, in the show cause notice also the duty has been demanded on the concept of related person not at the prices on which the goods were sold in the open market. In the circumstances, if it is considered that the respondent as well as M/s. IAML are related person, in that circumstances also, duty cannot be demanded at the price at which M/s IAML has cleared the goods in the open market. In fact, when the price on which the goods are sold to independent buyers is available, the same is to be treated as transaction value. It is not the case of the Revenue that transaction value at which the independent buyers have purchased the goods be the transaction value, therefore, the impugned order having merits, accordingly, the same is upheld. - Decided against revenue
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