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TMI Blog2006 (10) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... . 839-841/2006-EX(PB) - Dated:- 11-10-2006 - [Order per : C.N.B. Nair, Member (T)]. - Heard both sides and perused the record. 2.The only issue arising for consideration in these appeals is the valuation of molasses sold by the appellant sugar mills. Therefore, all the appeals were taken for consideration together and remain disposed of under this common order. 3.The dispute has arisen in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of Union of India v. Kaira Distt. Co-op. Milk Producers Union Ltd. - 2002 (146) E.L.T. 502. The ld. Counsel has also relied on the decision of this Tribunal in the case of Morinda Co-op. Sugar Mills v. CCE - 2001 (132) E.L.T. 27 (T) = 2001 (45) RLT 613 support of his contention that transaction value is to be accepted even when the sale is between members of a federation co-operatives. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sold to the sister concern @ Rs. 135 per qtl till further orders. The calculation of Central Excise is to be done @ 20% of the price of the Molasses sold w.e.f. 1-3-94." 6.It is clear from the above portion of the letter that "price is not the sole consideration for the sale" and that relationship between the buyer and seller (whatever that be) has affected, the price. It is well settled that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which disqualified the sale price for the purpose of assessment, but the fact of it being not a commercial price. In the Morinda Co-op. Sugar case, this Tribunal held in favour of the assessee upon a specific noting that sale price was a commercial price. 8.In view of what is stated above, we agree with the contention of the ld. SDR that the rejection of the sale price was correct and demand of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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