9911796707
TMI Blog1996 (9) TMI 383X X X X Extracts X X X X X X X X Extracts X X X X ..... favoured buyer and the price charged from M/s. Telco should be the normal price. The Assistant Collector of Central Excise, Jamshedpur, who adjudicated the matter held that the appellants had admitted that the goods were supplied to M/s. Pessa at lower prices to avoid laying off of the labour. The Collector of Central Excise (Appeals) had held that M/s. Pessa were the favoured buyers of the appellants' company. 2. When the matter was fixed for hearing on 9-9-1996, no one appeared on behalf of the appellants. They had requested for adjournment. On going through the issue involved and the evidence on record we are of the view that the matter could be disposed of even in the absence of the appellants. For the Respondents/Revenue, Shri M. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated persons) who sell such goods in retail. `Related person' has been defined as a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other and includes a holding company, subsidiary company, a relative and a distributor of the assessee and any sub-distributor of such distributor. It has been explained that the term 'relative' has the same meaning as in the Companies Act, 1956. The concept of related person has been clarified by the Supreme Court in the case of Bombay Tyre International - 1983 (14) E.L.T. 1896 (SC). 4. The industrial consumer and a distributor cannot be considered as the same class of persons. Under the excise law, subject to various limitations, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of supply. (4) We shall not be a party to your advertising programme, and all expenses on this account will have to be met by you. (5) All supplies will be made by us ex-our works. Transportation of materials from our factory will have to be made at your cost. (6) Terms of payment are against delivery. Taxes, duties & levies will be charged extra. (7) Price escalation from time to time will be included in the cost of products. (8) Interest at the rate of 15% will be charged from you on delayed payments. (9) In the event of any loss incurred by you in selling our products the loss will have to be borne entirely by you and we will not share any part of it." 7. M/s. Pessa had replied while accepti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
