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    <title>2026 (5) TMI 863 - CESTAT BANGALORE</title>
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    <description>Common partnership alone does not make a buyer a related person under Section 4(3)(b) of the Central Excise Act; the Department must show direct or indirect mutual interest, such as financial flow back or control, before rejecting the declared sale price and re-determining assessable value under the Central Excise Valuation Rules, 2000. On the facts, no such material was established, so related-person valuation was not justified. Extended limitation also requires proof of suppression or wilful misstatement; where duty was paid on declared value, returns were filed, and departmental audits were carried out, the extended period could not be invoked. The impugned orders were therefore set aside and the appeals allowed with consequential relief.</description>
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    <pubDate>Thu, 19 Feb 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=791661</link>
      <description>Common partnership alone does not make a buyer a related person under Section 4(3)(b) of the Central Excise Act; the Department must show direct or indirect mutual interest, such as financial flow back or control, before rejecting the declared sale price and re-determining assessable value under the Central Excise Valuation Rules, 2000. On the facts, no such material was established, so related-person valuation was not justified. Extended limitation also requires proof of suppression or wilful misstatement; where duty was paid on declared value, returns were filed, and departmental audits were carried out, the extended period could not be invoked. The impugned orders were therefore set aside and the appeals allowed with consequential relief.</description>
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