The case involved determining if certain companies were distinct ...

CESTAT ruled in favor of appellant companies, stating they're not related entities as per law. Price based on market value valid, no evidence of overpricing. Time limit barred the case.

Case Laws     Central Excise

June 24, 2024

The case involved determining if certain companies were distinct legal entities or related persons under Sec.4(3)(b)(i) and (iv) of the Central Excise Act, 1944. The Appellate Tribunal found that the appellant's business interest in the group companies was not established, thus rejecting the contention that they were related persons. The Tribunal also held that the price set by the appellant based on prevailing market rates constituted the "Transaction Value" under Sec. 4(3)(d), and there was no evidence of any extra commercial considerations. Regarding the limitation period, it was ruled that the demand made after a year from the relevant date lacked evidence of intention to evade tax, rendering it barred by limitation. The demand of duty, interest, and penalty was deemed unsustainable, leading to the appeal being allowed.

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