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2015 (10) TMI 837 - CESTAT AHMEDABAD

2015 (10) TMI 837 - CESTAT AHMEDABAD - TMI - Denial of abatement claim - whether the MRP Price minus abatement should be the basis of valuation of free distribution of physician samples - Held that:- There is no clarity in the finding of the Adjudicating Authority, and therefore, it is difficult to decide the case on facts and law. Hence, the Adjudicating Authority is required to examine the case afresh after considering the submission of the appellants and the case laws relied upon by the appel .....

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e For the Respondent : Shri Sameer Chitkara, Authorised Representative ORDER Per: P.K. Das After hearing both the sides and on perusal of the records, we find that the appellant is engaged in the manufacture of P & P Medicaments classifiable under Chapter 30 of the scheduled to the Central Excise Tariff Act 1985. Show Cause Notices were issued for the period September 2006 to March 2009 proposing demand of duty on the samples cleared by the appellant. The issue is whether the MRP Price minus .....

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