Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 1351 - AT - Central ExciseValuation of goods - Imposition of penalty - Held that:- Appellant is liable to pay duty on the physician samples under Rule 4 of the Valuation Rules. This fact was not disputed by the Learned Advocate on behalf of the appellant. Duty is payable under Rule 4 of the Valuation Rules as held by the High Court and that Larger Bench of the Tribunal. Thus, the Revenue has every right to demand the duty for the normal period of limitation under Section 11 A of the Central Excise Act. Hence, the decision of the Tribunal in the case of Indchemie Health Specialities (2008 (11) TMI 514 - CESTAT, AHMEDABAD) would not be applicable herein. So, the demand of duty alongwith interest is justified. - demand of duty alongwith interest is upheld. The penalty is set-aside - Decided in favour of assessee.
|