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2015 (12) TMI 1402 - SUPREME COURT

2015 (12) TMI 1402 - SUPREME COURT - 2015 (326) E.L.T. 633 (SC) - Undervaluation of goods - Related person - Appeal against the decision of Tribunal [2006 (10) TMI 66 - CESTAT CHENNAI] - When department fails to prove any one of the following condition the allegation of under valuation is not sustainable (i) mutuality of interest, (ii) price is lower to the normal price and (iii) buyer and seller are related person - Held that:- Tribunal has arrived at the aforesaid findings by giving cogent rea .....

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Adv., Ms. B. Sunita Rao, Adv., Ms. Pooja Sharma, Adv., Mr. Ritesh Kumar, Adv. And Mr. B. Krishna Prasad,Adv. For the Respondent : Mr. Arvind Datar, Sr. Adv., Mr. J. Shankar Raman, Adv., Mr. Mahesh Agarwal, Adv., Ms. Devika Mohan, Adv., Mr. Ankur Saigal, Adv. And Mr. E. C. Agrawala,Adv. ORDER The appellant/Department had issued certain show cause notices to the assessee namely M/s. Sai Mirra Innopharma Pvt. Ltd. (SMIPL) alleging therein that the various Patent and Proprietary Medicines ( P or P m .....

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es Ltd. (ARL), M/s. Soft Caps Pvt. Ltd. (SCPL) were the companies run by the same group of persons. DRL has also been manufacturing same P or P medicines and in this manner ARL and DRL were competitors. Earlier these very goods were manufactured by DRL under its own brand name. DRL initially acquired more than 80% shareholding in ARL. The entire shareholding was acquired by DRL and in fact ARL got merged into DRL under merger agreement which was sanctioned by the High Court of Andhra Pradesh. In .....

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