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2016 (7) TMI 552 - CESTAT NEW DELHI

2016 (7) TMI 552 - CESTAT NEW DELHI - TMI - Valuation of physician samples manufactured along with other regular medicament - Held that:- The issue stand decided against assessee by the Honble Supreme Court decision in Medley Pharmaceuticals Ltd. [2011 (1) TMI 13 - SUPREME COURT OF INDIA ], as such, fairly agrees that duty confirmation by the lower authorities is as per the declaration of law - In view of the fact that issue on merits stands against the assessee, we uphold the demand confi .....

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o case for penalty. We have also held that extended period of limitation is not available to the Revenue inasmuch as there was no malafide in which case also, no penalty can be imposed - Excise Appeal No. 1418 of 2007 - FINAL ORDER NO. 51882 /2016 - Dated:- 4-5-2016 - Ms Archana Wadhwa, Member (Judicial) and Mr. V Padmanabhan, Member (Technical) Ms. Neha Meena, Advocate for the Appellants Shri Govind Dixit, AR for the Respondent ORDER The dispute in the present appeal is to the valuation of phys .....

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rch, 2006. The said Show Cause Notice stand adjudicated by the lower authority confirming the demand to the extent of ₹ 2.25 lakh approx. along with imposition of penalty. 2. Learned advocate appearing for the appellant fairly agrees that the issue stand decided against them by the Honble Supreme Court decision in Medley Pharmaceuticals Ltd. [2011 (263) ELT 641 (SC)], as such, she fairly agrees that duty confirmation by the lower authorities is as per the declaration of law by the Honble .....

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