FLASH LABORATORIES LTD. versus COLLECTOR OF CENTRAL EXCISE, NEW DELHI.
The appellant, holding company, and subsidiary company are 'related persons' owing to their mutuality of business interest, sales arrangement, and holding company's involvement in sales promotion, attracting Section 4(4)(c) for excise duty valuation; Tribunal's finding confirmed.
- Parties
- Appellant: Flash Laboratories Ltd.; Respondent: Collector of Central Excise, New Delhi
- Jurisdiction
- India
- Judgment Date
- 20 December 2002
- Procedural Posture
- Civil Appeal / Final Judgment
- Outcome
- Appeals dismissed
- Legal Topics
- Central Excise, Valuation of Excisable Goods, Related Person Definition
Case Brief
Summary, issues, holding and outcome
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Parties
Flash Laboratories Ltd.
Appellant
Collector of Central Excise, New Delhi
Respondent
Procedural Posture
Civil Appeal / Final Judgment
Legal Issues
- 1 Whether the appellant and its holding/subsidiary companies are 'related persons' under Section 4(4)(c) of the Central Excise Act, 1944 for purposes of excise duty valuation
Ratio Decidendi
The appellant, holding company, and subsidiary company are 'related persons' owing to their mutuality of business interest, sales arrangement, and holding company's involvement in sales promotion, attracting Section 4(4)(c) for excise duty valuation; Tribunal's finding confirmed.
Court Disposition
Appeals dismissed
Orders
- No order as to costs
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