1997 (12) TMI 272

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..... at, President]. Respondent is absent, but has sent a request for decision of the appeal on merits. We have heard Shri M. Ali, JDR and perused the papers. 2. Respondent, engaged in the manufacture of various types of voltage stabilisers and cut-out systems with the brand name of the buyer M/s. Prompt India Ltd., was filing price lists from time to time and on approval thereof, clearing the .....

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..... ct that the manufacturer and the buyer are related persons and, therefore, the prices charged by the buyer to wholesalers should be the basis for determining the assessable value in the hands of the respondent. The only ground urged is that besides the prices declared in the price lists, additional consideration flew from the buyer to the manufacturer and such additional consideration should be in .....

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..... r passed by the Collector (Appeals) refers to these allegations but only in the context of these allegations leading to an inference of relationship. In these circumstances, the Department cannot be permitted to urge at this stage that the assessable value should be determined taking into consideration the alleged additional consideration which flew from the buyer to the manufacturer. 4. We find .....

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