2012 (10) TMI 944

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..... sue involved in this case is the valuation method to be adopted for physician samples manufactured and sold by the appellant (Loan licensee) to the brand owner. 2. Learned advocate submits that he is not disputing the duty and interest, even though he feels that he has a case, since the appellant firm has agreed to bear the liability and decided not to contest the same. At the same time, he submi .....

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..... tely suppressed the facts or misdeclared with intention to evade duty and therefore imposition of mandatory penalty is not called for. 3. I have considered the submissions made by both sides. I find considerable force in the arguments advanced by the learned advocate that in view of the difference in facts existing in the case of Cadila Laboratories Limited and in the appellant's case, it was pos .....

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