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2015 (9) TMI 1085 - SUPREME COURT

2015 (9) TMI 1085 - SUPREME COURT - 2015 (324) E.L.T. 27 (SC) - Valuation of goods - Determination of assessable value - mutuality of interest - Held that:- Tribunal's findings are pure findings of facts after analysing the documents on record and does not call for any interference. There is also a finding recorded by the authorities below that the assessee was the real manufacturer and not M/s. Nestle. - Decided against Revenue. - Civil Appeal No. 3969 of 2006, Civil Appeal No. 5194 of 2010 - D .....

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turing chocolates exclusively for M/s. Nestle India Limited (hereinafter referred to as M/s. Nestle). In addition, it was manufacturing the said chocolates for themselves as well, which were independently marketed. The dispute arose in respect of the price that was charged from M/s. Nestle by the assessee. The appellant-Revenue found that M/s. Nestle had advanced a sum of ₹ 4.5 crores to the assessee and as per the Revenue, that had influenced the price which was being charged. Thereby, th .....

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e assessee for the purchase of machinery and it was only a lone transaction independent of the trading relationship between the parties and had not impacted the price which was normal price charged from M/s. Nestle. The Commissioner accepted the aforesaid contention and after going through the records found that there was no mutuality of interest between the parties and the price at which the goods were sold by the assessee to M/s. Nestle would be the value at which the excise duty was payable. .....

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