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    <title>2005 (12) TMI 25 - CESTAT, CHENNAI</title>
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    <description>Related-person valuation under central excise requires proof of mutuality of interest affecting the sale price. A mutually beneficial commercial arrangement arising from technology transfer and common marketing, without shareholding link, financial flow back, or other evidence that one party controlled the other&#039;s business, was insufficient to treat the buyer as a related person. As the goods were also sold to independent buyers at the same price, the actual independent sale price had to be accepted for assessable value. The differential duty demand and penalties were therefore unsustainable.</description>
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    <pubDate>Fri, 30 Dec 2005 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=485</link>
      <description>Related-person valuation under central excise requires proof of mutuality of interest affecting the sale price. A mutually beneficial commercial arrangement arising from technology transfer and common marketing, without shareholding link, financial flow back, or other evidence that one party controlled the other&#039;s business, was insufficient to treat the buyer as a related person. As the goods were also sold to independent buyers at the same price, the actual independent sale price had to be accepted for assessable value. The differential duty demand and penalties were therefore unsustainable.</description>
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      <pubDate>Fri, 30 Dec 2005 00:00:00 +0530</pubDate>
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