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2016 (12) TMI 1262 - AT - Central ExciseValuation - transaction value or MRP based value - P.P. Medicines - bulk supply to institutional consumers like Hospitals - Intention to evade duty - Held that: - Para 6 of Circular No.625/16/2002-CX dated 28.02.2002 issued by Central Board of Excise and Customs clarified that in respect of all goods (whether notified under Section 4A or not) which are not statutorily required to declare the retail sale price on the packages under the provisions of the standards of Weights and Measures Act, 1976, or the Rules made thereunder valuation shall be done under Section 4 of Central Excise Act, 1944 and also stated that thus, there could be instances where same notified commodity would be partly assessed on the basis of MRP under Section 4A and partly on the basis of normal price i.e. transaction value under Section 4 of the said Act - the appellant have followed the Circular dated 28.02.2002 issued by CBEC, therefore, intention to evade payment of duty has not been established - Appeal allowed - decided in favor of the assessee.
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