Admissibility of electronic evidence bars undervaluation demands where printouts, retracted statements and no cross-examination leave the case unprove...
Limitation in oppression and mismanagement proceedings: prior knowledge of removal and dilution barred the challenge, with valuation directions upheld...
CESTAT ruled that merely listing an inter-connected undertaking in Income Tax Form 3CD does not establish a "related person" relationship under Central Excise law. Without specific determination that the appellant and M/s Shree Vaishnav Ispat Private Limited were related under Section 4(3) of the Central Excise Act, 1944, they cannot be treated as related parties for valuation purposes. The Tribunal cited precedents establishing that inter-connected undertakings are not automatically related persons, and valuation should be determined under Rule 10 rather than Rules 8 & 9 of the Central Excise Valuation Rules, 2000. The impugned order was set aside and the appeal allowed.
CESTAT ruled that merely listing an inter-connected undertaking in Income Tax Form 3CD does not establish a "related person" relationship under Central Excise law. Without specific determination that the appellant and M/s Shree Vaishnav Ispat Private Limited were related under Section 4(3) of the Central Excise Act, 1944, they cannot be treated as related parties for valuation purposes. The Tribunal cited precedents establishing that inter-connected undertakings are not automatically related persons, and valuation should be determined under Rule 10 rather than Rules 8 & 9 of the Central Excise Valuation Rules, 2000. The impugned order was set aside and the appeal allowed.
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