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1 - 4 of 4 (0.21 seconds)Union Of India And Others vs Atic Industries Limited on 22 June, 1984
4. The respondent thus, filed a writ petition challenging the rejection of its price list. The High Court has, by the impugned judgment, allowed the writ petition and held that the Union and the Federation cannot be said to be related persons. The High Court has so held on the basis of a decision of this Court in the case of Union of India and Ors. v. ATIC Industries Ltd. . In this case, it has been held that in order to attract the definition of a "related person" in Section 4(4)(c), the assessee and the person alleged to be related, must have interest, direct or indirect, in the business of each other. It has been held that if there is a shareholder, then the shareholder may have an interest in the assessee company, but merely because some products are being sold by the assessee to the shareholder, it cannot be said that the assessee has any interest in the business of the shareholder. The ratio laid down in this case would fully cover the present case. In this case also, the Union, being a member of the Federation, may have an interest in the Federation. However, the question would be whether the Federation has any interest in the business of the Union. Merely because the Federation purchases milk from the Union would not be sufficient for the purposes of making the Federation a related person.
Section 4 in The Gujarat Co-Operative Societies Act, 1961 [Entire Act]
Section 4 in The Central Excise Act, 1944 [Entire Act]
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