2017 (3) TMI 455 - AT - Central Excise

Valuation - related party transaction - Revenue claims that the assessee and M/s.Ballarpur Industries Ltd. are under the same management, therefore, Rule 8 shall be made applicable on assessee - Held that - even though the appellant is an interconnected undertaking but for the purpose of Central Excise Valuation Rules, 2000. The sale to or through an interconnected undertaking cannot be treated as sales made through related persons. Therefore, the entire foundation of allegation stands demolished - the fact being a common Director do not establish the mutuality of interest - appeal dismissed - decided against Revenue.

Summary

Issues:
Valuation of goods sold to related persons under Central Excise Valuation Rules, 2000.

Analysis:
The case involved the respondent, a manufacturer of paper and paper sacks, who cleared craft paper to their sister concern, M/s.Ballarpur Industries Ltd. The department alleged that the sales to Ballarpur Industries Ltd. constituted sales to related persons due to their interconnected undertaking status. The department sought to value the goods at 115% of the cost of production under Rule 8 of the Central Excise Valuation Rules, 2000. The adjudicating authority upheld the demand, but the Commissioner (Appeals) set aside the order, leading to the Revenue's appeal.

The Revenue contended that as both the appellant and Ballarpur Industries Ltd. belonged to the same group, they were interconnected undertakings and related persons under Section 4 (iii) (b) of the Central Excise Act, 1944. Therefore, they argued that the goods should be valued under Rule 8 of the Central Excise Valuation Rules, 2000.

Upon careful consideration, the Tribunal found that even though the appellant and Ballarpur Industries Ltd. were interconnected undertakings, for the purpose of the Central Excise Valuation Rules, 2000, sales through an interconnected undertaking do not qualify as sales to related persons. The Tribunal cited relevant legal provisions and the findings of the Commissioner (Appeals) to support this conclusion. The Commissioner's detailed analysis emphasized the requirement of mutual interest in each other's business to establish a relationship under the Central Excise Act, 1944.

The Tribunal referenced various legal precedents, including Supreme Court judgments, to highlight the importance of mutual interest in determining related person status. The judgments clarified that mere shareholding or common directors between companies do not establish a relationship unless there is mutual interest in each other's business. The Tribunal also cited a case involving a pharmaceutical company to further support the argument that mutual interest is a crucial factor in determining related person status.

Ultimately, the Tribunal found no infirmity in the Commissioner's order and dismissed the Revenue's appeal. The judgment emphasized the lack of mutual interest between the appellant and Ballarpur Industries Ltd., concluding that the allegations of valuation under Rule 8 of the Central Excise Valuation Rules, 2000 were unjustified. The confirmation of demand, interest, and penalty was deemed unsustainable based on the absence of mutual interest, as established by legal precedents and the Commissioner's detailed findings.