2015 (9) TMI 313 - SCH - Central Excise

Valuation - Related person - Apex Court uphold the decision of tribunal 2003 (3) TMI 597 - CEGAT BANGALORE wherein tribunal has sustained the order of Commissioner (Appeals) who has stated that ECIL has been accused of forming the joint venture with a view to depress the assessable value of the impugned goods and thereby evaded payment of the appropriate Central Excise duty. It should be noted that the ECIL is Government of India Enterprise under the Department of Atomic Energy and formation of the joint venture viz. ECIL Rapiscan has the tacit approval of the Government. It is therefore too much to make such a wild allegation against them.

Summary

The Supreme Court dismissed the appeals as the finding of fact that Electronics Corporation of India and Opto Sensors Inc. are not related persons was based on detailed material and no substantial question of law arose for consideration.