2011 (2) TMI 14

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....sessees herein, who are engaged in the manufacture of medicines falling under Central Excise Tariff sub-heading 3003.39, sold their goods to distributors M/s.Savitha Enterprises, Quilon for sale in Kerala and M/s.Suresh Pharma, Madurai for sale in other states, since 1992. M/s.Suresh Pharma is owned by Suresh who is the son of the proprietrix of the respondent. The percentage of sale of goods to i....

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.... price is the sole consideration in respect of clearances to the related distributor and that there was no interest or financial flow back between the assessees and M/s.Suresh Pharma. The Commissioner (Appeals) upheld the adjudication order of the Joint Commissioner ; hence this appeal by the Revenue. 2. We have heard both sides. The issue in dispute stands settled against the Revenue by the apex....

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....s (not being related person); or .. , are not attracted, in the light of the apex court s decision in CCE Vs Aquamall Water Solutions Ltd. [2006 (193) ELT A197 (SC)]. The apex court accepted the contention that duty is to be paid on the price at which the goods are sold to independent third parties. Following the ratio of the above decision, we set aside the demands confirmed against and penalties....