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2017 (11) TMI 602 - AT - Central ExciseValuation - physician samples of medicament - case of the department is that valuation of physician sample should have been done in accordance with provision of Section 4(1)(b) of Central Excise Act, 1944 read with Rule 4 of the Central Excise Valuation Rule, 2000 read with Board Circular dated 25-4-2005 - extended period of limitation - Held that: - firstly department itself has raised issue that the valuation should be done as per 110% of the cost of production. Accordingly the respondent was paying duty on 110% therefore it cannot be said that department was not aware of the fact regarding the method of valuation adopted by the respondent - secondly, the issue was debatable and various contrary decisions were existing during the relevant period therefore respondent have rightly entertained the bonafide belief. There is no suppression of facts on the part of the respondent, accordingly, order passed by the Ld. Commissioner cannot be interfered with - appeal dismissed - decided against Revenue.
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