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    <title>1994 (3) TMI 203 - CEGAT, NEW DELHI</title>
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    <description>Clearances of separately incorporated units cannot be clubbed merely because they received interest-free loans or shared some management features. Clubbing requires evidence of real control, profit sharing, flow back of funds, or a mere facade created for tax evasion; those factors were absent where the units had separate incorporation, licences, registrations, bank accounts, transactions, and independent functioning. The concept of a related person under valuation rules is distinct from a dummy unit, and common directors or financial assistance alone do not establish either status. On these facts, denial of exemption under Notification No. 175/86-C.E. was unsustainable, and the extended period and penalty could not be invoked.</description>
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    <pubDate>Wed, 23 Mar 1994 00:00:00 +0530</pubDate>
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      <title>1994 (3) TMI 203 - CEGAT, NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=83116</link>
      <description>Clearances of separately incorporated units cannot be clubbed merely because they received interest-free loans or shared some management features. Clubbing requires evidence of real control, profit sharing, flow back of funds, or a mere facade created for tax evasion; those factors were absent where the units had separate incorporation, licences, registrations, bank accounts, transactions, and independent functioning. The concept of a related person under valuation rules is distinct from a dummy unit, and common directors or financial assistance alone do not establish either status. On these facts, denial of exemption under Notification No. 175/86-C.E. was unsustainable, and the extended period and penalty could not be invoked.</description>
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