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2016 (8) TMI 789

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....nbsp; for the Appellants Shri Manish Saharan, Advocate for the Respondent ORDER Being aggrieved with the order passed by Commissioner (Appeals), Revenue has preferred the present appeal. 2.  Having heard both sides duly represented by Shri   R K Manjhi, learned DR appearing for the Revenue and Shri Manish Saharan, learned advocate for the respondent assessee, we find tha....

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....y referring to the Board Circular No. 643/34/2002 CX dated 1.7.2002,   he observed that Rule 9 cannot be applied in such a situation.   He also observed that the appellant was selling their product to independent wholesale buyers at the same price, in which case the same price has to be adopted as the assessable value, even in respect of clearances made to interconnected undert....

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....nbsp;  The value of the goods  being supplied to interconnected undertakings was the same value at which the goods were cleared to independent whole sale buyers.   The Larger Bench of the Tribunal in the case of Ispat Industries Ltd. vs. CCE [2007 (209)  ELT 185 (Tri-LB)] has observed that where the goods are sold to related persons  as well as to independent buyers, ....