1999 (8) TMI 511

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 2.  Heard Shri Chidananda Rao, ld. Consultant for appellants and Mrs. Aruna Gupta, ld. D.R. 3.  Ld. Consultant submits that the appellants had cleared the molasses on the basis of a contract for a large fixed quantity of molasses to be supplied by them to Sriram Distilleries Ltd. which was their subsidiary at Rs. 1500/- P.M.T. He submits that though the buyers was subsidiaries of the appellants, this relationship did not affect the market price and the said agreement was at arms length. However, the department alleged that since small quantities of molasses were sold to other buyers between Sept. 1994 and Nov. 1994 at Rs. 2000/- PMT, therefore the said value should be taken as a assessable value for their clearances to Srira....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....1) E.L.T. 585 (Trib.) ld. Consultant submits that it has been held that where no evidence of flow back of money from buyer to assessee is concerned, even the two are otherwise related persons, since transaction is at arms length, price declared by the assessee is acceptable. He cites the landmark judgment of the Hon'ble Apex Court in the case of UOI & Others v. Atic Industries Ltd. as in 1984 (17) E.L.T. 323 (S.C.) wherein the entire concept of related persons as well as the effect thereof on assessable values was considered. It was held that in the absence of mutuality of interest in the business of each other, the company holding shares in the other company cannot be treated to be related persons. He also cites the case of Allied Textile ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ly held by the seller (appellants). She reiterates the Order-in-Original. 5.  We have carefully considered the rival submissions and records of the case. We find that in view of the fact that the Order-in-Original has not clearly recorded any finding as to how the there was a financial flow back from the buyer to the seller or as to how the price for such a large quantity contracted to be delivered over a specified period is artificially depressed price, and also in view of the fact that the judgment cited above have not been considered at all in the said order, therefore, the order before us is found to be in error of principles of natural justice. Since the matter lies in a short compass and since on consideration of the judgments....