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Commr. of Central Excise, Chennai Versus M/s Sai Mirra Innopharma Pvt. Ltd.

2015 (12) TMI 1402 - SUPREME COURT

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) mutual .....

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s)/assessee(s). - these are pure findings of fact arrived at by the Tribunal. In fact, in the appeal filed by the Department it is not even a ground that these findings are perverse - No question of law arises - Decided against Revenue. - Civil Appea .....

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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/Departmen .....

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s (DRL) were undervalued and, therefore, lesser excise duty was paid. It was alleged that the parties were related persons and because of these reasons the price which was agreed upon did not reflect true transaction as well. Notice was also issued t .....

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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% .....

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nue therewith and, therefore, plant, machinery etc. of ARL was sold by DRL to SMIPL. Thereafter, arrangement was entered into between SMIPL and DRL under which SMIPL agreed to manufacture the aforesaid medicines, albeit under the trade name/trade mar .....

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nner huge consideration was given to the Directors along with their families who were also Directors in SMIPL. It was also alleged that non-compete fees was given as well to these Directors under an agreement in order to ensure that these persons did .....

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be paid in installments spread over to one year. The allegations were confirmed in the Order-in-Original which was passed by the Commissioner which resulted in demanding differential duty as well as penalty and interest. The Tribunal after re-examini .....

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