2016 (10) TMI 304

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....ellant Shri S. Hasija, Supdt. (AR) for respondent ORDER Per M.V. Ravindran This appeal is directed against Order-in-Appeal No. PI/145/05 dated 07.03.2005. 2. None appeared on behalf of the appellant. Consultant on record seeks an adjournment which is declined as the matter is of 2005.  Appeal is taken up for disposal. 3. Heard the learned departmental representative and peru....

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....a Ltd considering the same as 'Transaction Value' as per Section 4 of the 'Central Excise Act, 1944. The appellants were served with Show Cause Notice No. 288/PIII/R-PimpriVI/ADR/2001 dated 5.7.2001 wherein it was alleged that the appellants have cleared the goods to M/s Mahindra and Mahindra Ltd at the rate lower than the cost as per cost construction and without adding 15% by way of ....

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....8% of his finished goods to outsiders/independent buyers, and only 2% of the finished goods manufactured are sold to the holding company.  The show-cause notice invokes provisions of rule 9 of the Central Excise valuation Rules 2000 on the ground that sale is to inter connected undertakings. The said rule is reproduced below. "Rule 9 of Central Excise: Valuation in case of sale of go....