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    <title>2009 (10) TMI 345 - CESTAT, NEW DELHI</title>
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    <description>Related-person valuation under Central Excise was upheld where shareholding, family control and business commonality showed mutual interest between the appellant and the distributor, so the distributor&#039;s sale price formed the assessable value. Clearances to Nepal at the same price were held irrelevant to domestic excise valuation because export pricing is governed separately and does not control home-consumption assessment. The extended limitation period and penalties were found unsustainable, as the declarations already disclosed the marketing pattern and no wilful suppression or proved duty to disclose the shareholding particulars was established. The claim for deduction of cash discount and turnover discount was remitted for fresh examination by the adjudicating authority.</description>
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    <pubDate>Tue, 27 Oct 2009 00:00:00 +0530</pubDate>
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      <title>2009 (10) TMI 345 - CESTAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=76597</link>
      <description>Related-person valuation under Central Excise was upheld where shareholding, family control and business commonality showed mutual interest between the appellant and the distributor, so the distributor&#039;s sale price formed the assessable value. Clearances to Nepal at the same price were held irrelevant to domestic excise valuation because export pricing is governed separately and does not control home-consumption assessment. The extended limitation period and penalties were found unsustainable, as the declarations already disclosed the marketing pattern and no wilful suppression or proved duty to disclose the shareholding particulars was established. The claim for deduction of cash discount and turnover discount was remitted for fresh examination by the adjudicating authority.</description>
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      <pubDate>Tue, 27 Oct 2009 00:00:00 +0530</pubDate>
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