2007 (12) TMI 104

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.... appeal has been filed by the revenue. In the impugned order, the Commissioner (Appeals) had vacated a part of the order of the original authority which had denied SSI benefit to the respondents M/s. Electronic Calculators & Computer Company, Bangalore (ECCC) for its clearances during 1991-92 to 1995-96 to M/s. Broadma India Ltd., (BIL) on the  ground that in the corresponding previous financ....

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....bed amount in the financial years 1990-92 to 1994-95 for the respondents to be eligible for SSI benefit in the corresponding succeeding years covered by the  order of the original authority.  He demanded the SSI exemption availed by ECCC. In the order impugned, the Commissioner found that ECCC & BIL were limited companies and that there was no flowback of funds between the two companies.....

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....n made solely on the basis that ECCC & BIL are related persons and therefore the sale price of BIL was the right basis of assessable value of ECCC's products.  We find that the two entities BIL & ECCC are limited companies.  There is no finding of flowback of funds from one unit to the other.  There is no finding of mutuality of interest between ECCC & BIL.  We find that BIL's ....