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Sitalakshmi Mills Ltd. Versus Commissioner of Central Excise, Madurai

2016 (10) TMI 1130 - CESTAT CHENNAI

Valuation - job-work - related concern - depression to the assessable value - Held that: - The order appears to have been passed by learned Commissioner (Appeals) only on presumption without any objective analysis of the valuation of job worked goods .....

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spicion particularly on the premise of commonality of the directors - decided in favor of appellant. - Even though Revenue says that both the authorities below committed error in law, nothing is demonstrated before us to show the manner how job w .....

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- Appeal allowed - decided in favor of appellant-assessee. - E/389 and 415/2006-DB - Final Order Nos. 42088-42089/2016 - Dated:- 17-10-2016 - Shri D.N. Panda, Member (J) and Madhu Mohan Damodhar, Member (T) Shri S. Muthuvenkataraman, Advocate, f .....

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s related concern for which there was a depression to the assessable value of the job worked goods, Revenue says that learned Commissioner has rightly examined the relationship between the parties and finding commonality of the directors, he held in .....

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authority as well as appellate authority, they failed to appreciate the mutuality of interest of appellant as well as M/s. Venkatesh Agencies [VA, in short] and KRVP to hold that the job worked goods were not valued appropriately by assessee M/s. Si .....

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sons with commonality of directors. Nothing is demonstrated in the order to establish conducting any sample test of value of consignment to ascertain depression of assessable value if any. The order appears to have been passed by learned Commissioner .....

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to agree with the finding of the learned Commissioner (Appeals), who only passed his order on suspicion particularly on the premise of commonality of the directors. Therefore, appellant succeeds on this aspect. 5. So far as the appeal of Revenu .....

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