9911796707
TMI Blog2018 (4) TMI 1225X X X X Extracts X X X X X X X X Extracts X X X X ..... companies can be considered as interconnected to the respondent firm. The overreaching control, mutuality of interest, financial control by way of share holding pattern etc., has never been discussed. The respondent all along submitted that the value of their sale is based on commercial consideration. These are normal transaction value as per the market conditions. There is no question of reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation was conducted by the officers. On completion of investigation proceedings were initiated against the present respondents. The original authority held that the main respondent cleared the goods to six buyers, four of which are partnership firms and two are private limited companies. All the six are held to be related to the main respondent and accordingly the valuation of sold goods was he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be seen from the constitution of six buyers, on whole of the business of the respondents as well as buyers is maintained closely held by family members. The chart submitted will clearly show though two of the buyers were private limited companies, all of them are family owned and managed having close interconnection and business interest in the profit of their business. He supported the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The overreaching control, mutuality of interest, financial control by way of share holding pattern etc., has never been discussed. In fact, relatives of the responded firm being Directors of the two private limited companies appeared to be the reason for the original authority to hold all the six buyers as interconnected to the respondent firm. We find no legal basis to support such summary concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neswar - 2007 (217) ELT 417 (Tri.-Kol.) and in the case of South Asia Tyres Pvt. Ltd. Vs. CCE, Aurangabad - 2003 (152) ELT 4334 (Tri.-Mum.). The decision in South Asia Tyres Pvt. Ltd. (supra) has been affirmed by the Hon ble Supreme Court. 7. In view of the above discussions and analysis, we find no merit in the appeals filed by the Revenue and accordingly, the same are dismissed. (Order di ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
