AQUAMALL WATER SOLUTIONS LTD. Vs. CCE

JUDGEMENT

(1.) The appellant admittedly is a subsidiary company of M/s. Eureka Forbes Ltd., (hereinafter referred to as EFL) are inter alia engaged in the manufacture of water filter cum purifier with accessories of various models as also water cooler -cum -purifier. They entirely stock transfer the goods manufactured to their own depots situated in various states. From the depots the goods are sold to EFL and also to independent buyers.

(2.) Prior to 1.7.2000 since the department considered the Appellant by virtue of it being a subsidiary company of EFL and to be a related person of the Appellant, the Appellants were clearing the goods on an assessable value that was determined based on the retail price of EFL and after deducting the retailer's margin and other admissible deductions.

(3.) After the amendment to Section 4 of the Central Excise Act 1944 w.e.f. 1.7.2000, the Appellants started clearing the goods based on the sale price at which the goods were sold to EFL.