2008 (6) TMI 418

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....NTED BY :  Shri C. Lama, JDR, for the Appellant. Shri G.S. Godbole, Manager, for the Respondent. [Order per : M.V. Ravindran, Member (J)]. - These three appeals are filed by the Revenue against the order-in-appeal No. BPS (119)64/2003 dated 26-3-2003 and the respondents has filed Cross Objection against the said appeals. 2. Heard both sides and perused the records. 3.&emsp....

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....shares in the other joint venture company of Govt. of Maharashtra and vice versa and also that the chairman of the two companies was common, the mutuality of interest, direct or indirect in the business of each other is not proved unless and until any extra commercial financial flow back from one company to the other is established with documentary evidence. The adjudicating authority has not cite....

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....g shares in another and also buying goods from such a Company whether related person -Shareholder is not a related person - Section 4(4)(c)of the Central Excise and Salt Act, 1944." 4. Revenue's contention before us is that both the companies are related persons hence the value is correctly arrived at by the adjudicating authority, the impugned order is incorrect and is to be set aside. ....