TMI Blog1981 (6) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... sed in the revision application those urged at the time of personal hearing and have examined the records of the case. 2. Government observe that the petitioner manufactured batteries having the brand name 'Oldham' and sold the entire production of the said batteries during the material time to one M/s. South India Export Corporation who in turn sold the batteries to dealers and consumers. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % to their buyers. The petitioners have also contended that the sales of the 'Oldham' brand battery to M/s South India Export Corporation were on the same footing as the petitioner's sale of other types of batteries to M/s. Mcneil and Berry. The petitioners have pointed out that whereas in the case of purchases made by the M/s. Mcneil and Berry the lower authorities have held that their sale price ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1977 E.L.T. (J 53) wherein the Court has held that there was no warrant for not accepting the sale price to the sole distributor as the basis of assessment provided such sales were at arms, length. 4. Government observe that there is no evidence on record to show that the sales of the impugned goods to M/s. South India Export Corporation were not at arms, length and merely because one of the Di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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