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TMI Blog2006 (3) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... - This is a Revenue appeal against the OIA No. 47/ 2003 dated 31 .01 .2003 setting aside the demands confirmed in OIO No. 22/2001 dated 25.01.2001. The demands were raised for enhancing the assessable value of Polyester Sewing Thread sold by the assessee to their related person without declaring the same during the period April 1999 to March 2000. 2. The assessee had taken the contention that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sable value of goods when a major part of the goods sold are to a related person and consequently, whether assessment should be made under Section 4 (1) (a) (iii). There is no dispute to the fact that the appellant sells his products at the same rates to other independent buyers, as that to M/s. Thread Embayer. Thus, when goods are available for sale to independent buyers at the factory gate, then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ror in applying the sale price of M/s. Thread Embayer to be the assessable value of goods sold through them." 3. The learned JDR takes us through the Grounds of Appeal and prays for allowing the appeal on this ground. The Revenue contends that the price sold to the related person cannot be adopted and the price adopted as in the Show use Notice should be accepted in terms of OIO. It is also subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ully considered the submissions and the grounds made by the Revenue. We do not agree with the grounds made in the appeal that Commissioner (Appeals) should have examined the OIO No. 15/2000 which" pertains to separate proceedings of clandestine manufacture and removal of other items. The facts therein are independent of the charge made in the impugned proceedings. The impugned proceedings pertain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yers at Rs. 48/- per box, i.e. normal price of the goods. Therefore, the Commissioner (Appeals)'s order holding that even for goods sold to M/ s. Golden Threads, the assessable value would be Rs. 48/- per box, cannot be faulted. Accordingly, we uphold the impugned order and reject the appeal." We do not find any merit in this appeal and the same is rejected. Pronounced and dictated in open Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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