2006 (3) TMI 308

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....576/98-A dated 16.3.1999 in Appeal No. E/3434/89-A whereby the Tribunal has allowed the appeal filed by the respondent herein. 2. Briefly stated the facts are: M/s Xerographic Limited, Sector-15, Gandhinagar, Gujarat (hereinafter referred to as 'the respondent') was engaged in the manufacture of Plain Paper Copier Machines with the Trade mark "Ricoh Murphy". Respondent was selling its products through two other companies viz. M/s Murphy (India) Limited and M/s Mecotronics (P) Limited.   3. By a show cause notice dated 25.2.1987 issued by the Collector of Central Excise, Ahmedabad (for short 'the adjudicating authority'), respondent and the afore-mentioned two companies were asked to show cause against various charges. It was allege....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....egularly approved by the proper officer, the bar of limitation raised by the respondent was well founded.  5. After Amending Act No. XXII of 1973, relevant portion of Section 4 of the Act reads as under:  "4. Valuation of excisable goods for purposes of charging of duty of excise: (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to value, such value shall, subject to the other provisions of this section be deemed to be -  (a) the normal price thereof, that is to say, the price at which such goods are ordinarily sold by the assessee to a buyer in the course of wholesale trade for delivery at the time and place of removal, where the buyer is not a related person and the pri....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... normal price of such goods is not ascertainable for the reason that such goods are not sold or for any other reason, the nearest ascertainable equivalent thereof determined in such manner as may be prescribed.  (2) XX XX (3) XX XX (4) XX XX (a) XX XX (b) XX XX  (c) "related person" means a person who is associated with the assessee that they have interest, directly or indirectly, in the business of each other and includes a holding company, a subsidiary company, a relative and a distributor of the assessee, and any sub- distributor of such distributor.  Explanation:- In this clause "holding company", "a subsidiary company" and "relative" have the same meanings as in the Companies Act, 1956."  6. Section 4(4)....