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Documents citing Cce & St. Surat vs Sun Pharmaceuticals Industries on 4 July, 2016

Wallace Laboratories P Ltd vs Belgaum on 14 March, 2024

10. Consequently, following the aforesaid judgments, we find that the physician samples cleared to their principal manufacturer are assessable under Rule 4 read with Rule 11 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Also, the physician samples manufactured and cleared on job work basis for free distribution also be assessed on the value of retail sale price of similar goods and not under Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, since the same were not cleared for captive consumption as observed by the Tribunal in the case of Goa Antibiotics & Pharmaceuticals (supra). Consequently, the demand of differential duty with interest confirmed in the impugned orders does not warrant interference. However, since the issue relates to interpretation of valuation rules, we do not find merit in imposing penalty on the appellant under Rule 25 of the Central Excise Rules, 2002. In the result, the impugned orders are modified to the extent of setting aside the penalty, while upholding the demand of differential duty with interest in all the appeals. Appeals are disposed of as above.
Custom, Excise & Service Tax Tribunal Cites 9 - Cited by 0 - Full Document

Wallace Laboratories Pvt Ltd vs Belgaum on 14 March, 2024

10. Consequently, following the aforesaid judgments, we find that the physician samples cleared to their principal manufacturer are assessable under Rule 4 read with Rule 11 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Also, the physician samples manufactured and cleared on job work basis for free distribution also be assessed on the value of retail sale price of similar goods and not under Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, since the same were not cleared for captive consumption as observed by the Tribunal in the case of Goa Antibiotics & Pharmaceuticals (supra). Consequently, the demand of differential duty with interest confirmed in the impugned orders does not warrant interference. However, since the issue relates to interpretation of valuation rules, we do not find merit in imposing penalty on the appellant under Rule 25 of the Central Excise Rules, 2002. In the result, the impugned orders are modified to the extent of setting aside the penalty, while upholding the demand of differential duty with interest in all the appeals. Appeals are disposed of as above.
Custom, Excise & Service Tax Tribunal Cites 9 - Cited by 0 - Full Document

Wallace Laboratories Pvt Ltd vs Belgaum on 14 March, 2024

10. Consequently, following the aforesaid judgments, we find that the physician samples cleared to their principal manufacturer are assessable under Rule 4 read with Rule 11 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Also, the physician samples manufactured and cleared on job work basis for free distribution also be assessed on the value of retail sale price of similar goods and not under Rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000, since the same were not cleared for captive consumption as observed by the Tribunal in the case of Goa Antibiotics & Pharmaceuticals (supra). Consequently, the demand of differential duty with interest confirmed in the impugned orders does not warrant interference. However, since the issue relates to interpretation of valuation rules, we do not find merit in imposing penalty on the appellant under Rule 25 of the Central Excise Rules, 2002. In the result, the impugned orders are modified to the extent of setting aside the penalty, while upholding the demand of differential duty with interest in all the appeals. Appeals are disposed of as above.
Custom, Excise & Service Tax Tribunal Cites 9 - Cited by 0 - Full Document
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