TMI Blog2017 (2) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... different law for the manufacture of the medicaments and manufacture of other goods as regard valuation of the goods. Therefore, merely because the appellant has manufactured medicaments on loan license basis, the valuation principle cannot be discarded - appeal allowed - decided in favor of appellant. - E/2446/06 - A/85767/17/EB - Dated:- 8-2-2017 - Shri Ramesh Nair, Member (Judicial) And Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , for all the purposes, the appellant is agent of M/s FDC Ltd. and M/s DCI Pharmaceuticals. Accordingly, the excise duty is chargeable on the sale price of the medicaments sold by the principal manufacturer from their depot. The adjudicating authority accepting the charges of the show-cause notice, confirmed the differential duty demand. Being aggrieved b the Order-in-Original dated 24.11.2005, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of cost of manufacturing + profit of job-worker. Accordingly, the value determined by the appellant on the said principle is correct and legal. The appellant cannot be treated as related person of the principal or agent of the principal. Therefore, the sale price of the principal cannot be applied for the clearance of goods manufactured by the job-worker. He submits that their case is squarely cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reiterates the findings of the impugned order. 4. We have carefully considered the submissions made by both sides. We find that the appellant is manufacturing the medicaments on behalf of the principal supplier on job work basis. There is no relationship between the appellant and the principal except the commercial relation for manufacturing of goods on job work basis on payment of job chares. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of other goods as regard valuation of the goods. Therefore, merely because the appellant has manufactured medicaments on loan license basis, the valuation principle settled by the Hon'ble Supreme Court cannot be discarded. The judgements relied upon by the learned Counsel squarely applicable in the facts of the present case. We, therefore, do not find any merit in the case of the R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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