2004 (4) TMI 167 - AT - Central Excise

Tribunal sets aside duty demand for related party sales

The Tribunal allowed the appeal, setting aside the impugned order, as the duty demand on the appellant-manufacturer for marketing goods through a related ... Valuation (Central Excise) - Related person Issues Involved:The issue involved in this case is the duty demand made on the basis that the appellant-manufacturer was marketing goods through a related person, affecting the assessment of goods' value.Analysis of the Judgment:The duty demand was based on the appellant-manufacturer marketing goods through a related person, leading to a dispute over the assessment of the goods' value. The appellant argued that they also sold goods to unrelated buyers at lower prices, making the related person's price not a non-commercial price as it was higher. The Tribunal reviewed the Valuation Rules exception for sales to related persons, noting it applies only when goods are not sold except to or through related persons. Since goods were also sold to unrelated parties in this case, the exception did not apply. Moreover, the price to the related person was not non-commercial as it was higher than the price to unrelated parties. Consequently, the Tribunal found no merit in the Commissioner (Appeals)'s findings and allowed the appeal, setting aside the impugned order.