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    <title>2005 (7) TMI 531 - CESTAT, MUMBAI</title>
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    <description>Common control between the manufacturer and marketing entities justified treating their dealings as related-party transactions, but valuation could not be based on the marketing companies&#039; resale price where the manufacturer also sold to independent buyers; the correct assessable value was the price charged to unrelated buyers. Production records, stock entries and statements supported the finding that A grade laminated sheets were cleared as lower grades, so duty on the mis-declared clearances was sustained, subject to recalculation on the proper valuation basis. Confiscation of excess goods found at the marketing premises was not sustained, and penalties had to be aligned with each noticee&#039;s proven role, with several penalties deleted and others left for re-determination.</description>
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      <link>https://www.taxtmi.com/caselaws?id=117087</link>
      <description>Common control between the manufacturer and marketing entities justified treating their dealings as related-party transactions, but valuation could not be based on the marketing companies&#039; resale price where the manufacturer also sold to independent buyers; the correct assessable value was the price charged to unrelated buyers. Production records, stock entries and statements supported the finding that A grade laminated sheets were cleared as lower grades, so duty on the mis-declared clearances was sustained, subject to recalculation on the proper valuation basis. Confiscation of excess goods found at the marketing premises was not sustained, and penalties had to be aligned with each noticee&#039;s proven role, with several penalties deleted and others left for re-determination.</description>
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