1990 (10) TMI 76

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..... uring pendency of the petition, was registered as Private Limited Company under the Companies Act. The petitioner Company is a small scale industry and investment in plant and machinery in the factory situated at Thana was less than Rs. 10 lakhs. The petitioner Company manufactures wireless receiving sets (transistor radios) falling under Tariff Item 33A(2) of the First Schedule to the Central Exc .....

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..... d by M/s. Peico Electronics to their purchasers. The order of the Assistant Collector is under challenge in this petition filed under Articles 226 and 227 of the Constitution of India. 2. Shri Shroff, learned counsel appearing on behalf of the petitioners, submitted that the order of the Assistant Collector cannot be sustained in view of the decision of the Supreme Court reported in 1989 (41) E. .....

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..... ourse of wholesale trade. The conclusion of the Assistant Collector cannot be sustained. It is obvious that the petitioners manufactured the goods chargeable to excise duty and sold it to M/s. Peico Electronics at the fixed price. Merely because the entire manufacture is sold to M/s. Peico Electronics it cannot lead to the conclusion that the sale by the petitioners is to a related person as conte .....

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