1980 (3) TMI 106

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.... price which they may be paying to the petitioners. 2.The petitioners were asked by the Central Excise authorities to get the price list approved. On 29th June, 1976, the petitioners made a representation in that behalf. The Assistant Collector of Central Excise after having taken into account the petitioners, case made his order on 18th April, 1977 in which he stated that partners of Petitioner No. 1-Allied Textile Leather Industries - the manufacture and M/s. Bhatt Brothers - the sole production purchaser - were "Related persons". He, therefore, directed that petitioner No. 1 was not entitled to opt for assessment of their goods on the basis of the invoice price in terms of Notification No. 120 of 1975, dated 30th April, 1975. The peti....

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....or the sale. Another conditions specified in that notification lays down that invoice price must not be influenced by any commercial, financial or other relationship whether by contract or otherwise between the manufacturer or any person associated in business with the manufacturer and the buyer or any person associated in business with the buyer other than the relationship created by sale of the aforesaid goods. One more condition which that notification specifies is that directly or indirectly the proceeds of the subsequent sale, effected by the purchaser should not accrue to or for the benefit of the manufacturer or any person associated in business with him. 5.In Special Civil Application No. 119 of 1976, decided on 20th and 21st Feb....