2000 (8) TMI 753

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....topped to M/s. Ganesh Corporation and were thereafter effected to M/s. Hatsun Milk Foods (P) Ltd. M/s. Hatsun Foods (P) Ltd. was a closely held Private Ltd. Company, held by the appellants family and was named subsequently as M/s. Hatsun Milk Foods, which was renamed as Hatsun Agro Products when they went public. It was found that Shri R.G. Chandramogan, who was the sole proprietor of the appellants Company i.e. M/s. Atlantic Foods was the son of partner of M/s. Ganesh Corporation and was also the Managing Director in M/s. Hatsun Milk Foods Pvt. Ltd. and subsequently in M/s. Hatsun Agro Products Ltd. Therefore, the learned Commissioner found that the sales to those entities should be charged to duty as per provision (i) and (iii) of Section....

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....n' and held that on the view taken by us in regard to the interpretation of this definition, it cannot be said to be ultra vires or void. But even on the interpretation placed by us on the definition of 'related person', it is difficult to see how the firm of M/s. Alok Textiles could be said to fall within the category of 'related person', because though the firm of M/s. Alok Textiles had interest in the business of the respondents, it could not be said that the respondents had any interest, direct or indirect, in the business of M/s. Alok Textiles. Moreover, the firm of M/s. Alok Textiles was not the only firm to which the excisable goods were sold by the respondents in the wholesale trade. The respondents sold only 34 to 40% of the total ....