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2017 (2) TMI 255

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..... n admittedly paid by the appellants? - Held that: - as regards valuation of physician samples, the issue was in dispute and various litigations were going on. Therefore the valuations of physician samples were not free from doubt as it involved the grave interpretation of the valuation law. The appellants were clearing their goods under the cover of invoice and discharged the duty, therefore, ther .....

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..... n samples, which were valued @ 110% of the cost of production and paid the duty thereon. The contention of the department is that the valuation should be done in terms of Rule 4 of the Central Excise Valuation Rules, 2000. Accordingly, there is a short payment of duty. The duty demand was confirmed by the adjudicating authority. However, the appellants admittedly paid the entire duty along with in .....

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..... T 687 (b) Dr. Reddy's Laboratories Ltd. 2009 (235) ELT 865 (c) Alicon Pharma Pvt. Ltd. 2015 (322) ELT 47 (d) Ronald Pharmaceuticals Pvt. Ltd. 2013 (298) ELT 104 3. Shri Sanjay Hasija, Supdt. and Shri H.M. Dixit, learned AC (AR) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both sid .....

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..... eeds to be valued on the basis of cost of production or manufacture of goods i.e. Cost of production +15%. Accordingly, the appeal is disposed of holding that the valuation of the physician sample of the medicines needs to be done on the basis of cost of production +15% as profit margin. Lower authorities are directed to work out the duty liability and as also the interest thereof and the appellan .....

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..... posable as there is no suppression of facts particularly when the appellants have admittedly paid the duty along with interest and there is no contest on the duty demand. We are therefore of the considered view taking into consideration the facts and circumstances of the case and judgments supporting to the case of the appellant, the appellants deserve waiver of penalty. We, therefore, waive the p .....

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