2013 (2) TMI 567

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..... Applicant filed this application for waiver of pre-deposit of duty of Rs.18,38,795/-, interest and penalty. 3. The applicants are engaged in the manufacture of Specific Drilling Tools and clearing the goods to M/s Walter Tools India Pvt. Ltd. (WTIPL) on payment of duty. During the period October, 2005 to March, 2006, the applicants cleared the goods to M/s WTIPL on payment of duty on total valu....

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....r AG Germany, which in turn holds 99.9% of shares of M/s WTIPL, the customer of the applicant. The contention is that as M/s WTIPL is trading in the same goods on higher price, therefore, the demand is rightly made. 6. We have gone through the adjudication order and we find that the goods cleared by the applicants were further sold by M/s WTIPL at the higher price. In view of the share holding as....