Valuation (Central Excise) - Related persons vis-a-vis brand name owner

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....al Board of Excise & Customs, New Delhi Subject : C. Ex. - Valuation - Related persons vis-a-vis manufacturer and brand name owner. I am directed to say that recently the Hon'ble Supreme Court of India had an occasion to examine "whether the real manufacturer and the brand name owner are related persons" in the context of fixing assessable value under Section 4, in the case of Union of India....

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....e dismiss this appeal with reluctance. Our reluctance is not to be ascribed to any hesitation to accept the inference flowing from the facts found but reluctance is due to the fact that the facts were not properly found. 4. According to section 4, related person means a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other. ....

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....per investigation in all such cases. In the instant case the Supreme Court also observed that "it is true that the facts of this case do warrant a great deal of suspicion. But it is not possible to hold otherwise than what has been held by the High Court in this case. It is true .......... that even though the corporation might be a legal personality distinct from its members, the court is enti....