TMI Blog2010 (6) TMI 741X X X X Extracts X X X X X X X X Extracts X X X X ..... RDER All the three appeals - two filed by the assessee and one filed by the Revenue are being disposed off by a common order as they arise out of the same impugned order passed by Commissioner (Appeals). 2. After hearing both sides, we find that the dispute is in respect of valuation of the physician s samples of medicaments which are distributed free of cost by the appellant. The Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... circular was issued. During the period in question, the earlier circular of the Board issued on 1-7-2002 was governing the field. The department is bound by such circulars, as held in number of judgments and as such the assessment of physician s samples is required to be made in terms of Board s circular dated 1-7-2002. 3. For the above proposition, learned advocate relied upon the Tribunal s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... es is required to be arrived at in terms of Board s circular dated 1-7-2002, qualifying adoption of value at 115% cost of the production. Inasmuch as in the present 2 appeals filed by the assessee, entire period is covered by the above circular, by following the ratio of the above decision, we set aside the duty confirmation and penalty imposed upon the appellants and allow both the appeals filed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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