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2015 (10) TMI 1355 - AT - Central ExciseImposition of penalty - Assessee supplied the raw material to the loan licencee/job workers - They have paid the duty on the cost of raw materials and conversion charges - - Held that:- Commissioner observed that though by majority, it was held by the Tribunal that the actual processor of the goods was the manufacturer and that the duty demanded on the price at which the raw material supplier sold the goods, was not sustainable, the Department has filed a Civil Appeal before Hon’ble Supreme Court. The Adjudicating authority proceeded on the basis of the minority view of the said decision. We find that the Hon’ble Supreme Court upheld the majority view in the case of M/s Cosme Farma Laboratories Ltd (2015 (4) TMI 355 - SUPREME COURT). - facts of the present case are identical to the case of Cosme Farma Laboratories Ltd (supra). Hence, the impugned order passed by the Commissioner cannot be sustained - Decided in favour of assessee.
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