COMMNR. OF CENTRAL EXCISE, BELGAUM vs M/S. AKAY COSMETIC (P) LTD. HUMBLI

The Supreme Court dismissed the civil appeal filed by the revenue under Section 35-L(b) of the Central Excise Act, 1944, challenging the tribunal's decision to remand the matter regarding the 'related person' status under Section 4(4)(c) for the period 4/91 to 3/93. The Court upheld the tribunal's earlier ruling allowing deductions for certain expenditures while confirming the remand for further consideration of the 'related person' issue for the subsequent period 4/93 to 6/97. The judgment in Commissioner of Central Excise, Belgaum v. M/s Akay Cosmetics Pvt. Ltd. clarified that the two entities were not related persons post 1.4.1991.