HOME

PLEASE SUBSCRIBE FOR FULL REPORT


 
The Tax Publishers

2015 (324) E.L.T. 422 (S.C.)

COMMISSIONER OF CENTRAL EXCISE, MUMBAI-V v. J FOUNDATION

SUPREME COURT OF INDIA

Civil Appeal Nos. 659-663 of 2006 with C.A. No. 2592 of 2006, decided on 13-8-2015

Dated : 13-8-2015

Appeals allowed

Counsel: Jaideep Gupta, Sr. Advocate, Ms. Shirin Khajuria, Rupesh Kumar, Sanjay Kumar Pathak, Jitin Singhal and B. Krishna Prasad, Advocates(Appellant) Praveen Kumar, Ms. Neeru Vaid, Advocates (NP)(Respondent)

ORDER

A.K. SIKRI AND ROHINTON FALI NARIMAN, JJ.

These appeals are preferred by the Commissioner of Central Excise, Mumbai-V (hereinafter referred to as the Revenue) in which there are five respondents and the names of these respondents are (1) M/s. J Foundation, (2) M/s. J Traders (3) M/s. Janata Glass Works (4) M/s. Haldyn Glass Works and (5) M/s. Travin Trading & Investment Pvt. Ltd.

2.The dispute pertains to the transaction value that is to be arrived at in respect of the goods which were exigible to excise duty and were cleared by M/s. Haldyn Glass Works (hereinafter referred to as M/s. Haldyn).

3.These goods were, inter alia, supplied to M/s. J. Founation, M/s. J. Traders and M/s. Janata Glass works and to the fourth respondent M/s. Travin Trading & Investment Pvt. Ltd.

4.M/s. Haldyn is the joint venture of two groups known as Shetty group and Mehta group who were having shareholding of 52 per cent and 48 per cent respectively in M/s. Haldyn. After going through the records, the Revenue found that the aforesaid four firms/companies to which the goods were supplied by M/s. Haldyn are the firms of Mehta group and Shetty group respectively. The relationship which was found in this respect is described as under : -

...Smt. Shakuntala Shetty and Smt. Vinita Shetty, wife and daughter, respectively, of Shri N.D. Shetty were Directors of M/s. Tervin Trading and Investment Pvt. Ltd.; Shri N.D. Shetty was holding shares of M/s. Tarvin Trading alongwith his wife and daughter, when he was holding

**** PLEASE SUBSCRIBE FOR FULL REPORT  ****