2015 (10) TMI 653 - HC - Central Excise

Differential duty demand on transaction between two units of same person - assessee-unit not earned any profit in material period - High Court dismissed the appeal filed by revenue for non prosecution since when the matter was called, neither the appellant nor its counsel is present. This clearly shows that the appellant is not interested in pursuing the matter. The appeal was filed gainst the decision of Tribunal 2008 (7) TMI 274 - CESTAT, CHENNAI ; wherein tribunal held that profit of 8% with reference to the transactions of all the four units belonging to the assessee-company, is not relevant for determining the assessable value of excisable goods cleared by the assessee to its sister concern - manufacturer unit as well as buyer unit belong to the same company, therefore, a revenue neutral situation exists.

Summary

Court: Madras High Court
Citation: 2015 (10) TMI 653 - Madras High Court
Judges: R. Sudhakar and R. Karuppiah, JJ.
Decision: Appeal dismissed for non-prosecution as appellant and counsel were not present.