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2019 (1) TMI 973 - AT - Central ExciseValuation - related party or not - Rule 9 of Valuation Rules - Whether the appellant i.e. Balmar Marketing Pvt Ltd. and one Aipiai Electric Trading is a partnership firm; and Whether they are related persons and attracting the provisions of Rule 9 of the Valuation Rules? - Held that:- As the Appellant company is incorporated under the Companies Act and only for the fact that the partners of the partnership firm, namely, M/s AETC, are related, will not make them relative as defined under Section 2(41) of the Company Act read with Schedule 1A of the Companies Act, as has been held by this Tribunal in case of CCE vs Akash Ispat Pvt Ltd. [2016 (2) TMI 683 - CESTAT NEW DELHI]. The appellant and said AITC/firm are not related persons and accordingly the provisions of Rule 9 of the Valuation Rules are not attracted - appeal allowed - decided in favor of appellant.
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