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Commissioner of Central Excise Raipur Versus M/s. Simplex Casting Ltd.

Valuation - cast articles cleared to independent buyers as well as other interconnected parties, at the same assessable value - Held that:- the Larger Bench of the Tribunal in the case of Ispat Industries Ltd. vs. CCE [2007 (2) TMI 5 - CESTAT, MUMBAI .....

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ollowed in the recent judgment of the Tribunal in the case of Handy Wires Pvt. Ltd. vs. Commissioner of Central Excise, Nagpur [2015 (11) TMI 1241 - CESTAT MUMBAI]. Examining an identical situation, the Tribunal observed that the goods sold to interc .....

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Ms Archana Wadhwa, Member (Judicial) and Mr. V Padmanabhan, Member (Technical) Shri R K Manjhi, AR for the Appellants Shri Manish Saharan, Advocate for the Respondent ORDER Being aggrieved with the order passed by Commissioner (Appeals), Revenue has .....

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the manufacture of cast articles were clearing their goods to independent buyers as also to their other interconnected parties, at the same assessable value. The Revenue objected to the assessable value adopted by them in respect of inter- connected .....

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alty. 3. On appeal against the said order, Commissioner (Appeals) hold in favour of the assessee by observing that interconnected undertakings are also to be first established as related parties and by referring to the Board Circular No. 643/34/2002 .....

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ssessable value, even in respect of clearances made to interconnected undertakings, which were nothing but private limited company whereas the appellant was public limited company. He also took into consideration various decisions of the Tribunal as .....

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licable, Accordingly, he set aside the impugned order of the original adjudicating authority. 4. Hence the present appeal of the Revenue 5. We note that there is no dispute about the fact that appellant was selling its goods to independent whole sale .....

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