COMMISSIONER OF CENTRAL EXCISE Vs. BAJAJ AUTO LTD.

JUDGEMENT

(1.) THESE three appeals are filed by the Revenue against the order -in -appeal No. BPS (119)64/2003 dated 26.3.2003 and the respondents has filed Cross Objection against the said appeals.

(2.) HEARD both sides and perused the records.

(3.) THE issue involved in this case is regarding valuation of the goods cleared by the respondent company to M/s. Maharashtra Scooters Ltd. wherein the chairman, is also the chairman of the respondent company and a share holder of the said M/s. Maharashtra Scooters Ltd. The ld. adjudicating authority held that both the companies are related persons and that price charged by the respondent to M/s. Maharashtra Scooters Ltd., is not correct price and confirmed the differential duty by taking normal price charged in the wholesale trade. On an appeal the Commissioner (Appeals) has set aside the order -in -original on the following observations: