2003 (12) TMI 201

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.... per : Archana Wadhwa, Member (J)]. - Both the appeals are being taken up together as they arise out of the same set of facts and circumstances. 2. M/s. Mahabir Industries is a manufacturing unit engaged in the manufacture of bars, rods and flats of iron and steel classifiable under Chapter 72. Duty of Rs. 55,634/- has been confirmed against the said unit on the findings that the other trading ....

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....r relied upon the fact that during the relevant period, most of the clearances were being made to M/s. M.L. Steel Industries and the same was at a lower vlaue than the price being charged from the other independent buyers. As such it has been concluded that both the units are related persons inasmuch as there is mutuality of interest between the two. 4. Challenging the above order Shri B.N. Cha....

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....lue than what has been sold to M/s. M.L. Steel Industries on the same day. As such he submits that the price was being decided in accordance with law and they have been selling goods to independent wholesale buyers either at the same price or at a much lower price than what was being charged from M/s. M.L. Steel Industries. 5. Shri Chattopadhyay also relied upon a number of decisions and suppor....

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.... of the partners or their being close relations, having common facilities etc. cannot be made the basis for holding the buyer unit as a related person of the manufacturing unit unless there is mutuality of interest between the two and a financial flowback from the buying unit to the manufacturing unit. There is nothing on record to show the financial inter-twining between the two units. On the con....