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2011 (12) TMI 450 - AT - Central ExciseValuation of goods - Appellants case dismissed by Commissioner as based on presumptions and not supported by documents - Held that:- respondents are engaged in the manufacture of Patent and Proprietary Medicaments manufactured under the brand/trade name and sold to the brand name/trade name owners and the respondents are paying appropriate duty on the contract price. Show Cause Notices were issued in view of the audit objection on the ground that respondents are required to pay duty at the wholesale price at which the brand owner clears the goods. The Adjudicating Authority dropped the proceedings. The Revenue filed appeal before the Commissioner (Appeals) and the Commissioner (Appeals) also rejected the appeal filed by the Revenue by saying that there is no evidence on record to show that the respondent and the brand owner are related person and there is no evidence on record to show that there is financial flowback. These findings are not rebutted by the Revenue - Decided against Revenue.
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