1992 (2) TMI 208 - AT - Central Excise

Summary

Issues:
Interpretation of related persons under Section 4 of the Central Excises and Salt Act, 1944 based on mutual interest and business relationship.

Analysis:
The case involved M/s. Agro Foods Punjab Ltd., manufacturing Tomato Ketchup/Sauce and selling them to M/s. VOLTAS LTD., the exclusive marketers/distributors. Central Excise authorities marked up prices by 25% due to incomplete invoice production. Lower authorities considered VOLTAS as related persons, impacting assessable value under Section 4 of the Act.

The original authority found that the appellants manufactured goods as per VOLTAS' specifications, branding, and marketing, indicating a mutual interest. The lower appellate authority confirmed this, emphasizing the 50% shareholding by VOLTAS and its associated companies in the appellant company. The judgment of Atic Industries Ltd. was cited but deemed irrelevant by the lower authority.

The appellants argued against the lower authorities' findings, citing the Atic Industries judgment and other Supreme Court cases. They emphasized the need for a direct or indirect interest in each other's business to establish related persons under the Act.

The advocate highlighted clauses in the agreement between the appellants and VOLTAS, asserting that the relationship was on a principal-to-principal basis. The Tribunal agreed, noting the commercial nature of the agreement and the absence of dictation by VOLTAS in transactions.

Regarding the related persons issue, the Tribunal followed the Atic Industries judgment, ruling that the appellants and VOLTAS were not related persons under Section 4(4)(c) of the Act. The absence of mutual interest in each other's business led to the conclusion that no mutuality of interest existed, resulting in the appeals being allowed in favor of the appellants.