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TMI Blog2015 (5) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... L MEMBER For the Petitioner : Mr. Geelani Basha, Advocate For the Respondent : Mr. N. Anand, AR ORDER Per : B.S.V.MURTHY Differential duty of more than Rs. 20 lakhs has been demanded with interest and penalties under Section 11AC of Central Excise read under Rule 25 of Central Excise Rules have been imposed on the ground that respondent did not pay correct Central Excise duty in respect of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n as an associate company. The respondents submitted that respondent is a wholly owned subsidiary of M/s. RAK Ceramics, PSC, UAE which also hold 60% shareholding interest in RAK Mumbai. The Commissioner (A) in the impugned order has considered the provisions of law such as Section 4(3)(b), Rule 10 of Valuation Rules, the Circular issued by CBEC F.No.354/81/2000-TRU dated 30.6.2000 and the Circular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this order is not correct and the decision of the appellate authority taking a view that valuation should be done on the Rule 10(b) is not correct and Rule 11 should have been applied. 4.1 We do not find merit in the submissions. RAK, Mumbai is an interconnected undertaking as per Section 2(g) (vi) of the MRTP Act. In terms of Section 4(3)(b), the person shall be deemed to be related if: (i) Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods shall be determined in the following manner, namely;- (a) If the undertakings are so connected that they are aslo realted in temrs of sub-calsue 9ii) or (iii) or (iv) of clause (b) of sub-section (3) of Section 4 of the Act or the buyer is a holding company or subsidiary company of the assessee, then the value shall be determined in the manner prescribed in Rule 9. Explanation. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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