2017 (2) TMI 364

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..... sions of Section 4(3)(b) - related party transaction or not? - Held that: - there is nothing on record to establish that the marketing companies whether in any way related to the appellant satisfying any of the elements of Section 4(3)(b) of the Central Excise Act, 1944 - In absence of any evidence to show that the buyer and seller were mutually interested to make gain at the cost of Revenue, unde .....

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..... at effect. In absence of any relationship being established, the valuation of the goods cleared "in any other case" as is envisaged in Section 4(1)(b) of Central Excise Act, 1944 shall not be attracted. 2. Revenue's contention is that the prices charged to the normal buyers other than marketing company buyer should be adopted for sales to marketing companies since the price charged to them w .....

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..... the Central Excise Act, 1944. Accordingly law relating to Section 4(1)(b) of the Central Excise Act, 1944 is not applicable in the present context of the case. The fundamental law relating to valuation is that the clearance at the point of sale and at point of time is criteria. There is no material brought by the adjudicating authority to show discriminatory price was charged during the same time .....

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