2006 (3) TMI 34

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....irmed in OIO No. 22/2001 dated 25.01.2001. The demands were raised for enhancing the assessable value of Polyester Sewing Thread sold by the assessee to their related person without declaring the same during the period April 1999 to March 2000. 2. The assessee had taken the contention that the price at which the goods were sold to the related person was same as sold to independent buyers. There....

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....whether assessment should be made under Section 4 (1) (a) (iii). There is no dispute to the fact that the appellant sells his products at the same rates to other independent buyers, as that to M/s. Thread Embayer. Thus, when goods are available for sale to independent buyers at the factory gate, then there exists a normal price for such goods in terms of Section 4 (1) (a) of the Central Excise Act....

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....ugh them." 3. The learned JDR takes us through the Grounds of Appeal and prays for allowing the appeal on this ground. The Revenue contends that the price sold to the related person cannot be adopted and the price adopted as in the Show use Notice should be accepted in terms of OIO. It is also submitted that the Commissioner (Appeals) has not examined the evidence showing clandestine and suppre....

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....ounds made in the appeal that Commissioner (Appeals) should have examined the OIO No. 15/2000 which" pertains to separate proceedings of clandestine manufacture and removal of other items. The facts therein are independent of the charge made in the impugned proceedings. The impugned proceedings pertain to valuation of goods sold to related person. The Revenue would have a good case had the assesse....