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2018 (4) TMI 952 - CESTAT MUMBAIValuation - related party transaction - mild steel ingots - alloy steel ingots - rule 8 of Central Excise (Determination of Price of Excisable Goods) Rules, 2000 - mutuality of interest - share capital investment in each other - Held that: - this narrow view of insistence on share capital investment in each other being the sole criteria for determination of mutuality of interest has been contested by reiterating the evidences highlighted in the show cause notice and the common ownership - reliance is placed in the decision of the Hon'ble Supreme Court in Calcutta Chromotype Ltd v. Collector of Central Excise, Calcutta [1998 (3) TMI 138 - SUPREME COURT OF INDIA] as precedent. In Commissioner of Central Excise, Delhi-I v. Ever shine Engineering Works [2000 (4) TMI 366 - CEGAT, NEW DELHI] the necessity of applying ratio of precedent decision in analogous circumstances has been highlighted. For such an exercise to be completed, it is necessary that the impugned order be set aside and the matter remanded back to the first appellate authority for reconsideration of the facts of mutuality of interest and, thereafter, decide on the application of the relevant valuation provision. Appeal allowed by way of remand.
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