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2014 (2) TMI 581 - AT - Central ExciseDuty demand - Imposition of redemption fine, interest and penalties - Whether physician samples manufactured on behalf of another manufacturer on principal to principal basis, the value of such samples is to be considered as transaction value under section 4 or deemed value under Seciton4A of the Central Excise Act - Held that:- Drug (price control) Order, 1995 in paragraph 7 specified how the retail price of formulation is to be determined. Further paragraph 8 of the said order empowers the Government to fix the retail price of a scheduled formulation in accordance with paragraph 7. Further paragraph 9 of the said order empowers Government to fix ceiling price of scheduled formulations. Further paragraph 14 provides for Carrying into effect the price fixed or revised by the Government, its display and proof thereof - requirement of displaying the retail price is only for the goods intended for sale. Since, physician samples are not intended for sale, requirement to indicate the retail sale price does not exist, in the law - Tribunal has been taking a view that physician samples manufactured on principal to principal basis are required to be assessed under Section 4(1)(a) of the Central Excise Act - Decided in favour of assessee.
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