2003 (5) TMI 130 - AT - Central Excise

Issues Involved:

1. Definition and interpretation of "related person" under Section 4 of the Central Excise Act, 1944.
2. Determination of mutuality of interest between holding and subsidiary companies.
3. Adoption of higher price for the purpose of Central Excise duty.

Issue-Wise Detailed Analysis:

1. Definition and Interpretation of "Related Person" Under Section 4 of the Central Excise Act, 1944:

The Commissioner (Appeals) noted that the appellants are registered as a subsidiary company of M/s. Hydraulics Ltd. under the Companies Act. Sub-section (4) of Section 4, clause (c) of the Central Excise Act, 1944 defines "related person" as a person who is so associated with the assessee that they have interest directly or indirectly in the business of each other, including a holding company, a subsidiary company, a relative, and distributor of the assessee. The explanation states that holding company, subsidiary company, and relative have the same meanings as in the Companies Act, 1956. Since 83% of the holdings of the appellant-company are held by M/s. Hydraulics Ltd., the Commissioner held that they are to be treated as related persons.

2. Determination of Mutuality of Interest Between Holding and Subsidiary Companies:

The appellant contended that merely being a subsidiary unit of M/s. Hydraulics Ltd. does not justify adopting the selling price of M/s. Hydraulics Ltd. They argued there is no mutuality of interest directly or indirectly in the business of each other. The appellant highlighted that they have independent sales, and their prices are lower than those of Hydraulics Ltd. They also noted that they had become a sick unit and were declared as such by BIFR before being taken over by M/s. Hydraulics Ltd. The appellant relied on several judgments to support their claim that mutuality of interest is necessary to adopt the price of another unit.

3. Adoption of Higher Price for the Purpose of Central Excise Duty:

The appellant argued that the price of M/s. Hydraulics Ltd. cannot be adopted for Central Excise purposes without establishing mutuality of interest. They cited several judgments, including India Thermit Corporation Ltd. v. CCE, New Delhi, where it was held that mutuality of interest is necessary for adopting another unit's price. Similarly, in Rallis India Ltd. v. CCE, Bombay, it was held that mere holding of shares does not justify adopting a higher value unless there is mutuality of interest. The appellant also referred to judgments such as Spencer Consumer Products & Services Ltd. v. CCE, Madras, and Ralliwolf Ltd. v. UOI, which reinforced the principle that mutuality of interest is crucial for adopting higher prices.

The Department's representative relied on the judgment of Flash Laboratories Ltd. v. CCE, New Delhi, where the Apex Court upheld the adoption of a higher price due to mutuality of interest between the holding and subsidiary companies. However, the appellant distinguished this case by noting that the Apex Court found specific facts of mutuality of interest in Flash Laboratories Ltd., which were not present in their case.

Conclusion:

Upon careful consideration of the submissions and judgments cited, it was found that there is no mutuality of interest between the holding company (M/s. Hydraulics Ltd.) and the subsidiary unit (the appellant). The appellant operates independently and sells at different and lower prices. The cited judgments, including those of the Apex Court, support the appellant's claim that mutuality of interest is necessary for adopting higher prices. Therefore, the impugned order was set aside, and the appeal was allowed with consequential relief as per law.

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