<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (3) TMI 64 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=339561</link>
    <description>Mutuality of interest is essential to treat a buyer as a &quot;related person&quot; for excise valuation, and a mere principal-to-principal sale to a sole distributor does not satisfy that test. The Court noted that buyer-seller dealings, common directors in another entity, use of a trademark without royalty, or a wide resale margin do not by themselves establish the statutory reciprocity of business interest. Because the goods were manufactured in the assessee&#039;s own factory and the record did not show direct or indirect interest in each other&#039;s business, the distributor&#039;s resale price could not be used as the assessable value and the differential duty demand was unsustainable.</description>
    <language>en-us</language>
    <pubDate>Mon, 27 Feb 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 28 Aug 2017 11:19:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=460086" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (3) TMI 64 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=339561</link>
      <description>Mutuality of interest is essential to treat a buyer as a &quot;related person&quot; for excise valuation, and a mere principal-to-principal sale to a sole distributor does not satisfy that test. The Court noted that buyer-seller dealings, common directors in another entity, use of a trademark without royalty, or a wide resale margin do not by themselves establish the statutory reciprocity of business interest. Because the goods were manufactured in the assessee&#039;s own factory and the record did not show direct or indirect interest in each other&#039;s business, the distributor&#039;s resale price could not be used as the assessable value and the differential duty demand was unsustainable.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Mon, 27 Feb 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=339561</guid>
    </item>
  </channel>
</rss>