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2023 (7) TMI 580 - CESTAT BANGALOREMethod of Valuation - valuation of free samples of P and P medicaments - applicability of section 4A of the Central Excise Act, 1944 or rule 8 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules 2000 - HELD THAT:- The issue before the Larger Bench in CADILA PHARMACEUTICALS LTD. VERSUS COMMR. OF C. EX., AHMEDABAD-II [2008 (9) TMI 98 - CESTAT AHEMDABAD] was in respect of valuation of physician sample of medicines supplied free of cost. The operative part of views expressed by the majority was notwithstanding the non-availability of the normal sale price under Section 4(1)(a) of the Act, by reason of the goods being specified under Section 4A(1) making the retail sale price i.e. MRP as its deemed value, the appropriate rule governing the valuation of physician’s samples would continue to be Rule 4. Thus, the contention of the appellant before the Supreme Court in Medley Pharmaceuticals [2011 (1) TMI 13 - SUPREME COURT] that the free physician samples have to be assessed on the cost of manufacture plus 15% profit as contemplated under rule 8 of the 2000 Rules was not accepted by the Supreme Court - In the present appeal, the appellant has also determined the valuation under rule 8 of the 2000 Rules by adding 15% profit to the cost of manufacture. Such a determination of the assessable value has not been accepted by the Supreme Court. The Commissioner (Appeals), therefore, committed no illegality. Appeal dismissed.
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