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2016 (11) TMI 1275 - CESTAT MUMBAI

2016 (11) TMI 1275 - CESTAT MUMBAI - TMI - Valuation - short-payment or recovery of differential duty - Altec Expectorant 100 ml - principal-to-principal sale - Held that: - he appellant has discharged duty liability by arriving at the assessable value wherein the appellant has considered cost of raw materials, packing material, cost of conversion charges and the profit margin. It is the case of Revenue that this price is very low considering the fact that M/s Lyka Hetero Healthcare Ltd has sold .....

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reement entered with M/s Lyka Hetero Healthcare Ltd. During the period in question, there is also a factual matrix recorded that the discharge of the duty liability by the appellant is on the raw material + packing material + conversion charges and the margin of profit. This formula for discharge of duty liability is for goods manufactured on principal-to-principal agreement, is a settled law by the apex Court in the case of Ujagar Prints [1989 (1) TMI 124 - SUPREME COURT OF INDIA]. We find that .....

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Commissioner (AR) for the respondent Per: M V Ravindran: This appeal is directed against Order-in-Appeal No: BR/114/M-IV/05 dated 22/08/2005 passed by the Commissioner of Central Excise (Appeals), Mumbai - IV. 2. The brief facts that arise for consideration in this appeal is that the appellant herein is a manufacturer of pharmaceutical goods and was manufacturing cough syrup for M/s Lyka Hetero Healthcare Ltd and discharging duty liability on an amount which has been arrived at as an assessable .....

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The appellant constested the show cause notice on merits. The adjudicating authority, after following due process of law, relying upon CA s certificate, which gave the breakup of the landed cost of materials, packing materials, job-charges and notional profit margin, and considering the entire issue in its proper perspective the adjudicating authority dropped the proceedings initiated by the show cause notice. Aggrieved by such dropping of the proceedings Revenue preferred an appeal before the .....

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Healthcare Ltd and the said goods were manufactured based upon principal-to-principal manufacturing agreement as per the ratio laid down by Ujagar Prints 1989 (39) ELT 493 (SC) of the apex Court. He would submit that the first appellate authority, before holding against the appellant, misconstrued the provisions as during the relevant period duty liability was not on the MRP for the pharmaceutical goods. He would also submit that there was no suppression as regular returns were filed with the lo .....

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