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2019 (2) TMI 1478 - AT - Central ExciseValuation - interconnected undertakings - related party transaction or not - respondent had been supplying ‘steel ingots’ to M/s. Orange City Alloys Pvt Ltd - rule 8 of Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000 - Held that:- In the present instance, the definition of related person, though including interconnected undertaking, as found by the appellate authority is not admitted and certainly does not extend to the valuation provision invoked in the show cause notice. The reviewing authority appears to have omitted to consider the substantial difference between rule 9, which is applicable in certain conditions of relationship, and rule 10 which is applicable circumstances in which the relationship between the buyer and the seller is solely between the interconnected undertakings. The finding that the two not being ‘interconnected’ with consequent exclusion from liability to duty under the Rules is legal and proper - appeal of Revenue dismissed.
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