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TMI Blog2018 (1) TMI 702X X X X Extracts X X X X X X X X Extracts X X X X ..... ction value. When the goods were cleared to non-related parties and the value is available, then the same can be adopted for transactions which are purportedly tainted by relationship - matter requires de novo consideration by the original authority - appeal allowed by way of remand. - Excise Appeal No.51225 of 2017 - A/58426/2017-EX[DB] - Dated:- 4-12-2017 - Mr. (Dr.) Satish Chandra, President ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntral Excise duty on correct value in respect of goods cleared to M/s Magnum Iron Steel Pvt. Ltd. and M/s Deluxe Alloys Pvt. Ltd. The view of the Revenue is that, these two companies are related and interconnected companies and as such the transaction value as per the invoice cannot be accepted and the assesse-Appellants are liable to pay the Central Excise duty by taking 110% of the cost of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his case. These are juristic persons and not natural persons. On the second point, he submitted that all their sales are not through these two parties. They have other independent sales also. He submitted illustrative sales documents. During the course of hearing, his first claim is that such value to independent buyers is almost similar to the present transaction value with these two companies. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed counsel submitted the documents to establish that there were unrelated independent sales other than these two companies. We note that in such scenario, it is not necessary to invoke cost construction method to arrive at the transaction value. When the goods were cleared to non-related parties and the value is available, then the same can be adopted for transactions which are purportedly tainted ..... X X X X Extracts X X X X X X X X Extracts X X X X
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