Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 1155 - AT - Central ExciseValuation - related party transaction - clearances made by the respondent to oil marketing companies, viz. HPCL and BPCL who are independent and separate PSUs and are unrelated buyers - Held that: - the sales made by CPCL are not exclusively to the related person i.e. IOCL. The sales made to HPCL as well as BPCL cannot be considered as sales to related persons. They are independent and separate PSUs who are unrelated buyers - reliance placed in the case of Aquamall Water Solutions [2005 (10) TMI 533 - SUPREME COURT] wherein the Apex Court upheld the Tribunal's order which held that when goods are not exclusively sold to principal holding company, Rule 9 & 10 of Central Excise (Valuation) Rules, 2000 cannot be invoked and the prices of goods sold by the principal holding company to their dealer should not be adopted as transaction value - appeal dismissed - decided against Revenue.
|