2017 (7) TMI 327

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....Appellant: Mr. Ravi Holani, CA Present for the Respondent: Mr. H.C. Saini, D.R. ORDER Per: S.K. Mohanty These 3 appeals involve same issue for different periods. The appellants are engaged in the manufacture and clearance of motor vehicle parts, transmission shaft and tools liable to Central Excise Duty. The dispute in the present appeals relates to valuation of goods cleared by the ap....

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....sues in terms of Section 4 read with Valuation Rules, in proper prospective. The transaction between two companies automatically does not attract valuation applicable to related person. The conditions mentioned in Rule 10 have not been satisfied. The impugned order did not record reasons for rejecting the transaction value and for resorting to valuation applicable to related persons. He also drew ....

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....he held that two entities are clearly relatives. We note the impugned order did not explain how two Private Limited Companies having separate legal existence, can be considered as "relatives". Relationship between natural persons holding position in these companies cannot make these two companies automatically "relative" within the meaning of Section 4. We also note that there is no cost calculati....

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....rejected merely on this basis, that for rejecting the transaction value in such cases the conditions prescribed in Rule 10 of the Central Excise Valuation Rules have to be satisfied which are that - (a) all the sales of the excisable goods are to or through the interconnected undertaking; and (b) either the assessee or its buyer are the holding company or subsidiary company or they are also relate....