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2016 (7) TMI 552 - CESTAT NEW DELHIValuation of physician samples manufactured along with other regular medicament - Held that:- The issue stand decided against assessee by the Honble Supreme Court decision in Medley Pharmaceuticals Ltd. [2011 (1) TMI 13 - SUPREME COURT OF INDIA ], as such, fairly agrees that duty confirmation by the lower authorities is as per the declaration of law In view of the fact that issue on merits stands against the assessee, we uphold the demand confirmed against them but falling within the limitation period. As admittedly, there was confusion in the field and there were various circulars issued by the Board supporting the assesses stand, the demand falling within the limitation period would be recalculated by the original adjudicating authority. As regards the penalty, we find that in similar set of facts and circumstances, Tribunal in the case of M/s. Lupin Ltd. [ 2016 (2) TMI 682 - CESTAT NEW DELHI] have already held that there is no case for penalty. We have also held that extended period of limitation is not available to the Revenue inasmuch as there was no malafide in which case also, no penalty can be imposed
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