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TMI Blog2017 (7) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... lly “relative” within the meaning of Section 4. Also, there is no cost calculation based CAS-4. It is not clear how the value of 110% is arrived at by the lower authorities - matter remanded for fresh consideration - appeal allowed by way of remand. - E/216/2012- EX[DB], E/506/2012-EX[DB] & E/3988/2012-EX[DB] - A/53818-53820/2017-EX[DB] - Dated:- 25-4-2017 - Mr. S.K. Mohanty, Member (Judicial) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cost of production in terms of CAS-4 read with Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods), Rules, 2000. The adjudicating authority confirmed differential duties demanded in various show cause notices issued during the material time. On appeal, the Commissioner (Appeals) upheld the findings of the Original Authority. 2. The ld. Counsel appearing for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... horities. 4. We have heard both the sides and perused the appeal records. 5. On careful examination of the impugned order, we note that the Commissioner (Appeals) quoted Section 2 (g) of Monopolies and Restrictive Trade Practices Act, 1969 and held that the appellants and M/s. Gajra Differential Gears Pvt. Ltd. are inter-connected undertaking. Relying on the findings of the Original authorit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Commissioner (Appeals) for a fresh decision. We note the observation of the Tribunal in the Final Order dated 24.02.2015, as reproduced below is relevant to the present appeals also:- 5. Merely because the assessee and his buyers are interconnected undertakings in terms of section 2(g) of Monopolies and Restrictive Trade Practices Act, 1969, for the purpose of valuation, the two cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order has not examined this plea. In view of this, the impugned order is set aside and the matter is remanded to the Commissioner (Appeals) for denovo decision. 7. In view of the above discussion and analysis, we set aside the impugned order and remand the matter back to the Commissioner (Appeals) for fresh decision. [Dictated and pronounced in the open Court] - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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