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2016 (3) TMI 566 - CESTAT BANGLORE

2016 (3) TMI 566 - CESTAT BANGLORE - TMI - Valuation of physician samples manufactured by the appellant and sold to the brand owner - Applicability of provisions of Section 4(1)(a) - Held that:- The issue is no more res integra and is covered by the recent judgment of the apex court in the case of CCE & C, Surat vs. Sun Pharmaceuticals Inds. Ltd.Commr. of Central Excise & Customs, Surat Versus M/s Sun Pharmaceuticals Inds. Ltd. & Ors. [2015 (12) TMI 670 - SUPREME COURT ] wherein held that the tr .....

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Section 4(1)(a) of the Act. In view thereof, the Central Excise Rules would not apply in the instant case. - Decided in favour of assessee - Application(s) Involved: E/Early Hearing/21453/2015, E/Early Hearing/21454/2015, E/Early Hearing/21455/2015, E/Early Hearing/21456/2015, E/Early Hearing/21457/2015, E/Early Hearing/21458/2015, E/Early Hearing/21459/2015, E/Early Hearing/21460/2015 - Final Order No. 20009-20020 / 2016 - Dated:- 13-1-2016 - SHRI M.V.RAVINDRAN AND SHRI ASHOK K. ARYA, JJ. Appl .....

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f-turn hearing of the appeals are called out and after hearing both sides, we find that the issue is covered by the judgment of the apex court, accordingly, we allow all these applications for out-of-turn hearing of the appeals and take up the appeals themselves for disposal. 2. Heard both sides on appeals. 3. On consideration of the submissions made by both sides and on perusal of the records, we find that the issue involved in this case is regarding the valuation of physician samples manufactu .....

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by the learned counsel for the appellant that the issue is no more res integra and is covered by the recent judgment of the apex court in the case of CCE & C, Surat vs. Sun Pharmaceuticals Inds. Ltd.: 2015 (326) E.L.T. 3 (S.C.). Apex court in the said judgment after reproducing the provisions of Section 4 held as under: "9.As per the aforesaid provision, it is the transaction value which is to be determined and on which excise duty is payable. 10.As mentioned above, the assessee had pu .....

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