AQUAMALL WATER SOLUTIONS LTD. Vs. C.C.E.

JUDGEMENT

(1.) Heard both sides. The applicant filed this application for waiver of pre -deposit of duty and penalty.

(2.) IN this case the appellants are engaged in the manufacture of Water -Filter -cum -Purifier, Water Cooler -cum -Purifier components and were clearing the bulk of their production to their subsidiary holding Company and the applicants were also clearing the parts of their production independent to their customers. The Revenue confirmed the demand on the ground that appellants were clearing hulk of their manufactured good to the principle holding Company i.e. M/s. Eureka Forbes Limited, as M/s. Eureka Forbes Limited are related persons, therefore, the goods cleared to the related persons are to be assessed under the provisions of Rule 9 and 10 of Central Excise Valuation Rules, 2000.

(3.) THE contention of the appellant is that they are having three manufacturing Units. The dispute regarding valuation of goods manufactured at Bangalore Unit and cleared to their holding Company attained finality. The Tribunal in the case of Aquamall Water Solutions Ltd. v. Commissioner of Central Excise, Bangalore, held that the goods manufactured and cleared to holding company are to be assessed at the same price on which the same goods are cleared to independent buyer; and this view is affirmed by Hon'ble Supreme Court in the case of Aquamall Water Solutions Ltd. v. C.C.E., reported in 2003 (158) E.L.T. A182 (S.C.). The dispute in respect of the goods manufactured at Hyderabad Unit is also settled by the Tribunal in the case of Aquamall Water solutions Ltd. v. Commissioner of Central Excise, Hyderabad -II, reported in 2005 (182) E.L.T. 96 (Tr. Bang.) and appeal filed against this decisions is also dismissed by the Hon'ble Supreme Court.