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2017 (12) TMI 548 - AT - Central ExcisePenalty u/s 11AC - Valuation - whether the valuation of physician samples supplied free of cost is governed by Rule 8 of Central Excise Valuation (Determination of price of excisable goods) Rules, 2000 i.e. 110% of cost of manufacture or pro rata of MRP of trade pack? - Held that: - there is no dispute that issue on valuation of free supply of physician’s samples was contentious and interpretation of valuation of provision was involved. The board circular dated 1-7-2002 also clarified that valuation of physician samples should be in terms of Rule 8 - the suppression of facts or malafide intention to evade duty cannot be alleged on the appellant, therefore penalty under Section 11AC was wrongly imposed upon them - appeal allowed - decided in favor of appellant.
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