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2015 (4) TMI 607 - SUPREME COURT

2015 (4) TMI 607 - SUPREME COURT - 2015 (319) E.L.T. 8 (SC) - Denial of Concessional rate of duty - Notification No.8 /95 dated 9.2.95 - Denial on the ground that product is combination of streptomycin and penicillin - Held that:- On reading the definition of 'formulations' , we find that the plea taken by the respondent/assessee that even if one of the bulk drugs mentioned at serial no.1 is included in the formulation that would satisfy the definition of 'formulations' contained at serial no.2 .....

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ta, Adv. and Mr B Krishna Prasad, Adv. For the Respondents : Mr Manu Nair, Adv. Mr M Bhatt, Adv. Mr Arun Sehgal , Adv. for M/s Suresh A. Shroff & Co., Adv. ORDER The respondent assessee is the manufacturer of various medicines and products including the product called ' Strepto Pencillin Injection' which falls under Chapter Heading No. 2941.10 of the Schedule to the Central Excise Tariff Act, 1985 (in short 'the Act'). The assessee had been claiming benefit of excise duty und .....

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ld be included in the table. The Department took the view that in column no. 1 of the table of the said Notification where certain bulk products are specified, only streptomycin is mentioned therein and penicillin is conspicuously absent. In the table apart from those goods which are mentioned at serial no.1 , serial no.2 deals with formulations and the entry in this behalf reads as under: "If manufactured from the bulk drugs specified at serial no.1 above". It is on the aforesaid basi .....

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