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    <title>2014 (2) TMI 697 - CESTAT MUMBAI</title>
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    <description>Interconnected undertakings under the MRTP Act were not, by that fact alone, related persons for Central Excise valuation. In the absence of evidence of relationship under the Companies Act or mutuality of interest in each other&#039;s business, the assessee&#039;s clearances could not be valued on that basis. The valuation rules also required reasonable adjustment for differences in delivery dates and sales conditions, and the record showed substantial, regular sales to the buyer at different quantities from those to independent buyers. Because these factors were not properly considered, the duty demand and penalty could not be sustained on the existing facts and the matter required fresh adjudication.</description>
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      <link>https://www.taxtmi.com/caselaws?id=244103</link>
      <description>Interconnected undertakings under the MRTP Act were not, by that fact alone, related persons for Central Excise valuation. In the absence of evidence of relationship under the Companies Act or mutuality of interest in each other&#039;s business, the assessee&#039;s clearances could not be valued on that basis. The valuation rules also required reasonable adjustment for differences in delivery dates and sales conditions, and the record showed substantial, regular sales to the buyer at different quantities from those to independent buyers. Because these factors were not properly considered, the duty demand and penalty could not be sustained on the existing facts and the matter required fresh adjudication.</description>
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