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M/s R.R. Ispat Limited Versus CCE, Raipur

2016 (10) TMI 271 - CESTAT NEW DELHI

Valuation - Clearance to inter-connected undertakings - CTD bars - TMT bars - wire rod - demand of differential duty - rejection of transaction value for excise purposes - Held that: - merely because the units are interconnected undertakings the same .....

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g them as if they are not related person. Also held that if the goods were partly sold to related person and partly to independent buyers transaction value under Section 4(1)(a) are to be applied without application of valuation Rules. - The depa .....

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2016 - Mr. Justice (Dr.) Satish Chandra, President and Mr. B. Ravichandran, Member (Technical) Sh. Krishna Mohan Menon with Sh. Bhisma Ahluwalia, Advocates for the appellant. Sh. Yogesh Agarwal, AR for the Respondent ORDER The appellants are aggrieve .....

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nterconnected undertakings. Proceedings were initiated against the appellant from time to time from July, 2000 to the present impugned period upto June, 2007 for demanding differential duty in respect of clearances to interconnected units on the grou .....

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000 to October, 2006 the said issue was agitated through various demand notices. The demands were dropped either in original or in first appellate proceedings. However, for the impugned period the original authority chose not to follow the consistent .....

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at except for small portion, the total sale of M.S. round have been to related buyers. We find on both the grounds, the attempted distinction by the lower authority is without merit. We note that on similar facts and law, in five different proceeding .....

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are interconnected transaction value cannot be rejected. In Kirloskar Ferrous Industries vs. CCE - 2006-TIOL-1891-CESTAT-Bang. the Tribunal referred to the Board s Circular dated 30.06.2000 and held that merely because the units are interconnected un .....

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lants to the interconnected undertakings are to be assessed on transaction value under Section 4(1)(a) of the Act treating them as if they are not related person, for the reasons stated. It was also recorded that if the goods were partly sold to rela .....

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