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TMI Blog2017 (5) TMI 691X X X X Extracts X X X X X X X X Extracts X X X X ..... ectors - Held that: - SCF is a partnership firm and the respondents are a private limited company. At the first instance, as per the legal statute of both the units, partnership cannot be a related person of a private limited company - As regards the transaction of the funds between both the units, since they are doing business with each other as the respondent is getting the job work done from SC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lue of the home consumption exceeded ₹ 300 lakhs during the preceding financial year. The department s case is that the value of SCF should be included in the aggregate value of the appellants on the ground that there is common premises, common staff, common directors. Appellants gave capital amount of ₹ 61,49,305/- free of cost to SCF. SCF issued debit notes mentioning false reasons i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asons that there is mutual interest between the SCF and the respondent such as they were using common premises, having common directors and there was a fund flow in each others company that create the mutual interest therefore, the SCF being dummy unit the value has to be clubbed with the aggregate value of the respondent. Accordingly, they are not eligible for the SSI exemption notification No.9/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... transaction of the funds between both the units, since they are doing business with each other as the respondent is getting the job work done from SCF the transaction is clearly commercial transaction. Therefore, SCF cannot be treated as a dummy unit of the respondent. The Commissioner (Appeals) has considered all the aspect in detail and he has given a detailed finding. On going through the findi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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