2008 (7) TMI 776

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..... Shri M.M. Singh, DR, for the Respondent. [Order per : Archana Wadhwa, Member (J) (for the Bench)]. -  The prayer in the application is to dispense with the condition of pre-deposit of duty amount of Rs. 67,71,696/- along with personal penalty of identical amount, which stands confirmed and imposed on the allegation and findings that the clearance made by the appellant to their inte....

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....idiary company of the assessee. In such a case, they cannot be termed to be related person in terms of Section 4 Explanation. As such, submits the learned Advocate that provision of Rule 10 or any other Rule of Valuation Rules, cannot be invoked against them and the transaction value in terms of main Section 4 is required to be adopted as the assessable value. In these circumstances, he prays that....

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....he sales are through inter-connected undertaking as also through the independent wholesale buyers and as such, strictly speaking, Rule 10 will not apply. Admittedly, inter-connected undertaking would fall within the definition of related persons under Section 4 of the Act, in which case, the provision of Central Excise Valuation Rules would apply. We find that Rule 4, in such circumstances, mandat....