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1 - 10 of 13 (0.59 seconds)The Central Excise Act, 1944
Commissioner Of Central ... vs M/S. Damnet Chemicals Pvt. Ltd. Etc on 10 September, 2007
7.2 As far as the merits of the case are concerned; we rely upon the
case laws cited by the appellants in this regard and found that the
issue is no longer res integra. We find that the decision of the Hon'ble
Supreme Court in the case of CCE Vs. Damnet Chemicals Pvt. Ltd. -
2007 (216) ELT 3 (SC) held that:
Alembic Glass Industries Limited vs Collector Of Central Excise & Customs on 11 April, 2002
b) Alembic Glass Industries Ltd. Vs. CCE - 2002 (143) ELT 244
(SC)
5.3 Learned Counsel for the appellants has also submitted that it
was alleged that M/s.JTC was related as partners of M/s.JTC were
relatives of the appellants/directors and M/s.JTC of the appellant; on
occasions goods were moving directly from the appellants factory to
M/s.JTC customers under the cover of M/s.JTC invoice and certain staff
of M/s.JTC were sitting in the appellants premises. It is submitted that
even when such conditions existed, it does not automatically proved
that either relationship or the mutuality of interest or flow back.
Central Excise Tariff Act, 1985
Union Of India And Others vs Atic Industries Limited on 22 June, 1984
31. This Court in Union of India v. Atic Industries [1984 (17)
E.L.T. 323 (S.C.)] held that :
South Asia Tyres Limited vs Commissioner Of Customs And Central ... on 10 June, 2003
c) South Asia Tyres Pvt. Ltd. Vs. CCE - 2003 (152) ELT 434 (Tri-
Cce, Aurangabad / vs Goodyear South Asia Tyres Pvt. Ltd. / on 16 June, 2015
d) CCE Vs. Goodyear South Asia Tyres Pvt. Ltd. - 2015 (322)
ELT 389 (SC)
5.5 Learned Counsel further submitted that the Tribunal has been
taking a consistent view that where assessee is selling the goods to
related persons as well as to an independent customer then the price
at which the goods are sold to the independent customers should be
adopted in terms of Rule 4 of Valuation Rules, 2000. The Rule 4 has
to be preferred over Rule9 where the sale price of very same goods is
available to an independent customer. He relied upon the following
decisions:
Handy Wires Pvt. Ltd vs Commissioner Of Central Excise, Nagpur on 3 March, 2015
a) Handy Wires Pvt. Ltd. Vs. CCE - 2015 (329) ELT 169 (Tri-
Mum)
M/S Shiv Shakti Ingots Pvt Ltd vs Commissioners Of Central Excise on 16 October, 2015
b) Shiv Shakti Ingots Ltd. Vs. CCE - 2016 (338) ELT 421 (Tri-
Ahmed)