2001 (3) TMI 172 - AT - Central Excise

Summary

Issues involved: Interpretation of related persons' sale price under Section 4(1A) of the Central Excise Act.

Summary:
The appeal was filed by a manufacturer, a subsidiary company of the buyer company, purchasing 100% of goods from the subsidiary. The buyer company holds 60% shares, with the remaining 40% held by a foreign investment company and others. The appellants argued that for related persons, the mutuality of interest must be established for invoking related persons' sale price under Section 4(1A). They cited legal precedents to support their case.

The Department contended that once covered by the definition clause, liability follows, regardless of mutuality of intentment, especially when 100% of goods are sold to the buyer holding 60% shares of the assessee.

After considering submissions and case laws, the Tribunal found no merit in the Revenue's contentions. They held that without proving the mutuality of interest of the assessee company in the buyer company, the related persons' sale price provision cannot be applied. Relying on binding case law, the Tribunal allowed the appeal, setting aside the lower authorities' orders and granting consequential relief, if any, as per law.