9911796707
TMI Blog2000 (8) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... ce K. Sreedharan, President]. Revenue, as appellant, challenges order-in-original No. 431/CEX/93, dated 31-12-1993 passed by Collector of Central Excise Customs, Aurangabad. Short facts necessary for disposal of this appeal are as follows. Respondent, M/s. Kesharbai Electronics Pvt. Ltd., Ahmednagar, are engaged in the manufacture of 'Power Controllers'. They are registered small scale u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lso sought to be imposed. 2. Respondent filed detailed objections to the show cause notice. After hearing the respondent. Collector, by the impugned order, dropped the proceedings initiated pursuant to the show cause notice dated 12-11-1992. This action of the Collector is under challenge. 3. The fact that respondent and M/s. H.V. Industrial Electronics were private limited companies is not in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice proceeded on the basis that sale by the respondent to H.V. Industrial Electronics was between related persons and that "there appears to be additional consideration flowing directly or indirectly from the buyer to the assessee". Learned Collector came to the conclusion that the charge of 'related person' is not substantiated and the transaction was on principal to principal basis. 4. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot successfully contend that they are 'related persons'. No material warranting a conclusion of relationship between the two private limited companies has been brought out in evidence. Even the show cause notice stated that there appears to be additional consideration flowing directly or indirectly from the buyer to the assessee. This statement in the show cause notice proves that department ..... X X X X Extracts X X X X X X X X Extracts X X X X
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