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2015 (8) TMI 1002 - HC - Central ExciseWaiver of pre deposit - Valuation - Related person - Mutuality of interest - Held that:- Prima facie, order that the Commissioner has not founded the order only upon the circumstance that 50% of the share holding in the Appellant is held by L & T Limited. The order of the Commissioner indicates that several other circumstances of a factual nature have been relied upon including among them the fact that L & T Limited bears the salaries and other expenses of officers and directors of the Appellant, that under the selling agency agreement it has been stipulated that the products of the Appellant are obliged to be sold by L & T Limited at such price as it may fix and that L & T shall endeavour to foster the interests and trade of the Appellant and will not directly or indirectly be concerned or engaged in any business of the same nature as that of the Appellant. In effect, L & T Limited is a sole selling agent of the Appellant. Until 1 July 2006, as a matter of fact, the Appellant was paying the duty of central excise on the selling price of L & T Limited. - The Tribunal has observed that the submissions addressed by the Appellant would require consideration. This is indicative of the fact that the matter requires deliberation. - Therefore, while a complete waiver is not warranted, in order to protect the interests of the Revenue, yet the quantum of deposit should be commensurate with an over all assessment of a prima facie case. - Pre deposit amount reduced - Time to make pre deposit extended - Decided partly in favour of assessee.
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