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TMI Blog2011 (1) TMI 49X X X X Extracts X X X X X X X X Extracts X X X X ..... cted undertakings) as well as to independent buyers. This being so, the provisions of Rule 9 which prescribes that when an assessee so arranges that the excisable goods are not sold by assessees except to or through a person who is related in the manner specified .. value of the goods shall be the normal transaction value at which these are sold by the related person at the time of removal, to buy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lished between the interconnected undertakings in order to invoke the provisions of Rule 9 and 10 of the Valuation Rules, are rejected. - E/711/05, E/712/05, E/698/07, E/755/05 - - - Dated:- 6-1-2011 - Ms. JYOTI BALASUNDARAM, Dr. CHITTARANJAN SATAPATHY, JJ. S/Sh R.Raghavan, M.Kannan, Advocates Shri V.V.Hariharan, JCDR Per Jyoti Balasundaram The issue in dispute in the abov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. 2. We have heard both sides. The undisputed factual position is that SFL cleared the goods both to related persons (interconnected undertakings) as well as to independent buyers. This being so, the provisions of Rule 9 which prescribes that when an assessee so arranges that the excisable goods are not sold by assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As a consequence, Appeal Nos.E/755 1056/2005 and E/865 866/2006 challenging the dropping of the demands on the ground that mutuality interest is not required to be established between the interconnected undertakings in order to invoke the provisions of Rule 9 and 10 of the Valuation Rules, are rejected. 3. In the result, appeals of the assessees are allowed while the appeals of the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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