2007 (2) TMI 393

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....i Shivdas, Advocate, for the Respondent. [Order per : P.G. Chacko, Member (J)]. -  This appeal of the Revenue is against the dropping of demand of duty on goods manufactured by the respondents and sold to M/s. BPL Ltd. who, in turn, marketed the goods through their own dealers. The demand of duty which was raised by show-cause notice and confirmed by Order-in-Original was dropped by the....

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....y sold the goods to M/s. BPL Ltd. was the normal price under Section 4 inasmuch as the transaction was at arm's length and on principal-to-principal basis. They denied mutuality of interest between them and M/s. BPL Ltd. and claimed that their buyer was not 'related person' in terms of Section 4. This case of the assessee was rejected by the original authority. Ld. Commissioner (Appeals), dealing ....

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....tment had filed civil appeal against the Tribunal's decision in BPL Sanyo Utilities & Appliances (supra) and the same had been admitted by the Hon'ble Supreme Court and, therefore, the Tribunal's decision was not to be taken as final and correct. The correctness of the Tribunal's decision is in jeopardy, learned SDR submitted, relying on the Apex Court judgment in UOI v. West Coast Paper Mills Ltd....

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....that, at this stage, the Tribunal's decision in BPL Sanyo cannot be accepted as final and correct so as to be followed as a precedent. It would mean that OIA No. 237/2002 ibid, which was upheld by the Tribunal in BPL Sanyo case, must also be considered to have lost its precedent value. Thus the impugned order, which simply followed the above OIA has become untenable and the same is set aside. Ld. ....