TMI Blog2016 (8) TMI 789X X X X Extracts X X X X X X X X Extracts X X X X ..... ods are sold to related persons as well as to independent buyers, the transaction value charged to the independent buyers shall apply in the case of supply of goods to the related person also. The said decision stand followed 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 iden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we find that the respondents, who are engaged in 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 parties by alleging that they are related parties and as such, valuation in terms of Rule 4 (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereas the appellant was public limited company. He also took into consideration various decisions of the Tribunal as also of other higher Courts and observed that provisions of Rule 9 are applicable only when the entire sales are made through related persons and where there are sales to both related and unrelated persons, the said exceptional provisions are not applicable, Accordingly, he s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand followed in the recent judgment of the Tribunal in the case of Handy Wires Pvt. Ltd. vs. Commissioner of Central Excise, Nagpur [2015 (329) ELT 169 (Tri-Mum)]. Examining an identical situation, the Tribunal observed that the goods sold to interconnected undertaking have to be assessed to duty at the same value at which the said goods are sold to independent whole sale buyers. 6. Inasm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
