Commissioner Of Central Excise, Cochin v. Excel Thread Industries

[Order per : Jyoti Balasundaram, Vice-President]. - The Respondents herein are manufacturers of polyester sewing thread, falling under C.E. Tariff Heading 5401.20. It was observed that as much as more than 98% of their goods were being sold through M/s. Golden Threads, Cochin at an assessable value of Rs. 48 per box. The case of the Department is that since almost all quantities of goods were sold through M/s. Golden Threads, both were related persons. It was proposed to adopt the sale price of M/s. Golden Threads which is Rs. 60 per box as the assessable value of the goods. The demands were confirmed by the Deputy Commissioner; the Commissioner (Appeals) set aside the same; hence these appeals.

2. On hearing both the sides, we note that it is not in dispute that 2% goods are being sold by the Respondents to independent buyers at the same price, i.e. Rs. 48/- per box when the goods are available to the independent buyers at Rs. 48/- per box. i.e. normal price of the goods. Therefore the Commissioner (Appeals)’s order holding that even for goods sold to M/s. Golden Threads, the assessable value would be Rs. 48/- per box, cannot be faulted. Accordingly we uphold the impugned order and reject the appeal.