Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

GKN Sinter Metals Ltd. Versus Commissioner of Central Excise

2016 (10) TMI 304 - CESTAT MUMBAI

Demand of differential duty - Valuation - interconnected undertakings u/s 2 (9) of MRTP Act 1969 - rule 9 of the Central Excise valuation Rules 2000 - related persons - sale of goods - Holding-Subsidiary relationship - valuation - Transaction Value a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the subsidiary company, subsidiary company may not have any interest in the holding company. The rule contemplates that entire production needs to be sold through the holding Company. - The appellants sells 98% of his finished goods to outsid .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Appeal No. E/1864/05 - A/90558/16/EB - Dated:- 25-8-2016 - Mr. M.V. Ravindran, Member (Judicial) And Mr. C.J. Mathew, Member (Technical) Adjournment request for appellant Shri S. Hasija, Supdt. (AR) for respondent ORDER Per M.V. Ravindran This appea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rned departmental representative and perused the records. 4. The issue involved is that the appellant, a subsidiary company of M/s Mahindra and Mahindra Ltd., Mumbai., are engaged in the manufacture of Sintered Products falling under various Chapter .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

vision. The prices charged by the appellants to M/s Mahindra and Mahindra Ltd were negotiated prices on principal to principal basis. The sales to M/s Mahindra & Mahindra Ltd were below 2% of the total sales during the period from 1.7.2000 to 31. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e Notice No. 288/PIII/R-PimpriVI/ADR/2001 dated 5.7.2001 wherein it was alleged that the appellants have cleared the goods to M/s Mahindra and Mahindra Ltd at the rate lower than the cost as per cost construction and without adding 15% by way of prof .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e also imposed. 5. We find that both the lower authorities have erred in appreciating the fact as regards the valuation of the goods in respect of sale to holding and subsidiary company. The law is well settled inasmuch the transaction value can be r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cord and undisputed that appellants sells 98% of his finished goods to outsiders/independent buyers, and only 2% of the finished goods manufactured are sold to the holding company. The show-cause notice invokes provisions of rule 9 of the Central Exc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version