1985 (4) TMI 294

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ubmitted their classification and price lists and opted to avail the concession granted under Notification No. 120/75-C.E., dated 30-4-1975. According to the appellants the spare parts were available for sale to any person who required the same. The Assistant Collector withdrew the concession accorded under the Notification No. 120/75-C.E. on the ground that the clearances of spare parts were being made only to the distributors. According to him, transactions between the assessee and his distributors were not acceptable for purpose of determining the assessable value under the amended Section 4 of the Central Excises and Salt Act, 1944. On appeal, the Appellate Collector confirmed the findings holding that it would be far from the truth to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rved as follow : "....... What the first part of the definition requires is that the person who is sought to he branded as a "related person" must be a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other. It is not enough that the assessee has an interest, direct or indirect, in the business of alleged to be a related person nor is it enough that the person alleged to be a related person has an interest, direct or indirect, in the business of the assessee. It is essential to attract the applicability of the first part of the definition that the assessee and the person alleged to be a related person must have interest, direct or indirect, in the business of each othe....