2009 (3) TMI 729 - AT - Central Excise

Tribunal dismisses appeal on related status for valuation of manufactured goods under Central Excise Act

The Tribunal upheld the Commissioner's decision that M/s. Mohanlal Mahavirchand was not a related person to the appellants for the valuation of goods ... Valuation (Central Excise) - Related person Issues involved: Determination of related person status for valuation of goods manufactured on job work basis u/s Section 4 of Central Excise Act, 1944.Summary:1. The appellants, engaged in processing fabrics on job work basis, appealed against the decision that M/s. Mohanlal Mahavirchand, one of their principals, is not a related person. Appellants claimed related status based on shared interests and cited legal precedents. The Commissioner (Appeals) and D.R. argued for valuation based on Supreme Court decision in Ujagar Prints Ltd. 2. The Tribunal considered the peculiar case where appellants claimed related status for valuation purposes. The Commissioner's analysis of related person status under Section 4 was upheld, emphasizing the need for mutual interest and control for entities to be considered related persons. 3. The Tribunal referred to Central Excise Valuation Rules, 2000, regarding determination of related persons and valuation of goods sold through inter-connected undertakings. Lack of evidence showing mutual interest between appellants and M/s. Mohanlal Mahavirchand led to rejection of related person status and appeal dismissal.Separate Judgement: No separate judgement delivered.