1998 (2) TMI 199

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....i R.G. Sheth, Advocate, for the Respondent. [Order per : Justice U.L. Bhat, President]. - Collector of Central Excise, Aurangabad has filed this appeal against the Order-in-Appeal dated 7-2-1991 passed by the Collector of Central Excise (Appeals), Bombay, reversing the order-in-original dated 8-3-1989 passed by the Assistant Collector of Central Excise, Nasik. 2. Respondent, M/s. Ker....

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....the assessable value. This order is now challenged. 3. The Assistant Collector relied on four circumstances in proof of relationship under Section 4(4)(c) of the Central Excise Act, 1944. Respondent was a sick unit and according to the Assistant Collector, "taken over" by Crompton. What transpired was that Crompton contributed to equity shares to the extent of 47.85% in the respondent, the....

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....85% equity shares of the respondent, the respondent selling the entire production to Crompton and an employee of Crompton functioning as Company Secretary of the respondent. There is no case for the Department that the respondent had any shareholding in Crompton. Undoubtedly, Crompton can be said to have interest in the business of the respondent. However, the circumstances relied on are not suffi....