9911796707
TMI Blog2013 (10) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... chairman and three directors would not be the reason to hold that buyer company is the related person - Revenue has gone to the costing method and has found that sale price was less than the cost price - there are no details given by the Revenue as to how such costing arrive at by them and for which period - The appellant have categorically denied having provided any costing structure to the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As per facts on record, the appellant is engaged in the manufacture of wire of steel and sending the same to single buyer M/s. Hindustan Overseas for the period upto September, 2005 and thereafter to one M/s. Thapar Finance. Revenue by entertaining a view that said two units are related to the appellant as they have 7.7% and 12.85% share holding in the appellants factory, initiated proceedings ag ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided any costing structure to the Revenue. Apart from the above, we find that costing arrived in today s date would not be relevant for the past period starting from 2005 onwards. 3. In view of the above, we hold that the appellant has good prima facie case in his favour so as to dispense with the condition of pre-deposit of entire amount of duty and penalty. We accordingly allow the stay peti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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