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    <title>2019 (5) TMI 504 - CESTAT AHMEDABAD</title>
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    <description>Common directors, shareholding, office space, infrastructure, or financing did not by themselves establish related-person status under Section 4(3)(b) of the Central Excise Act, so Rule 8 valuation could not be applied to clearances to Quartz Metal Industries and Balbir Rolling Mills Pvt. Ltd. where sales were also made to independent buyers. The demand based on related-person valuation was therefore unsustainable. Clearances to Quartz Metal Industries were also treated as eligible for exemption under Notification No. 67/1995-CE because the units were divisions of the same legal entity operating from the same premises, and separate registrations did not change that position. The substantive duty demand was thus not maintainable on the valuation issue, and captive intra-entity clearances qualified for the exemption.</description>
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    <pubDate>Mon, 06 May 2019 00:00:00 +0530</pubDate>
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      <title>2019 (5) TMI 504 - CESTAT AHMEDABAD</title>
      <link>https://www.taxtmi.com/caselaws?id=379776</link>
      <description>Common directors, shareholding, office space, infrastructure, or financing did not by themselves establish related-person status under Section 4(3)(b) of the Central Excise Act, so Rule 8 valuation could not be applied to clearances to Quartz Metal Industries and Balbir Rolling Mills Pvt. Ltd. where sales were also made to independent buyers. The demand based on related-person valuation was therefore unsustainable. Clearances to Quartz Metal Industries were also treated as eligible for exemption under Notification No. 67/1995-CE because the units were divisions of the same legal entity operating from the same premises, and separate registrations did not change that position. The substantive duty demand was thus not maintainable on the valuation issue, and captive intra-entity clearances qualified for the exemption.</description>
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      <pubDate>Mon, 06 May 2019 00:00:00 +0530</pubDate>
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