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2017 (11) TMI 1509 - AT - Central ExciseValuation - physician samples (distributed free of cost) - Rule 8 of the Central Excise Valuation Rules - CBEC Circular no.643/34/2002-CX dated 01.07.2002 - Held that: - Rule 8 of the Central Excise Valuation Rules cannot be used for valuation of the physician’s samples cleared by the appellants free of cost, and in such circumstances Rule 4 of the Valuation Rules would be applicable. Time limitation - penalty - Held that: - in the absence of any evidence to support the allegation of suppression, misrepresentation, extended period of limitation cannot be invoked - penalty under Section 11AC also set aside. The demand of duty and interest for normal period upheld - appeal allowed in part.
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