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    <title>2019 (4) TMI 1064 - CESTAT KOLKATA</title>
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    <description>Excise valuation turns on two settled principles: related-person status requires mutuality of interest in each other&#039;s business, and a mere one-way commercial relationship is insufficient; on the stated facts, independent wholesale sales on a principal-to-principal basis did not establish related persons. Where ascertainable factory-gate sales to independent buyers exist alongside depot sales, the ex-factory price remains the proper assessable value, and post-manufacturing expenses such as transport, storage, handling, packing and octroi cannot be added merely because goods are also cleared through depots. On that basis, the duty demand and consequential penalty were unsustainable, while the limitation issue was not examined.</description>
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    <pubDate>Thu, 15 Nov 2018 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=378620</link>
      <description>Excise valuation turns on two settled principles: related-person status requires mutuality of interest in each other&#039;s business, and a mere one-way commercial relationship is insufficient; on the stated facts, independent wholesale sales on a principal-to-principal basis did not establish related persons. Where ascertainable factory-gate sales to independent buyers exist alongside depot sales, the ex-factory price remains the proper assessable value, and post-manufacturing expenses such as transport, storage, handling, packing and octroi cannot be added merely because goods are also cleared through depots. On that basis, the duty demand and consequential penalty were unsustainable, while the limitation issue was not examined.</description>
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      <pubDate>Thu, 15 Nov 2018 00:00:00 +0530</pubDate>
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