2004 (2) TMI 407 - AT - Central Excise

Summary

Issues:
1. Whether the value of a bought-out syringe should be added to the assessable value of P & P Medicine due to a combination packet.

Analysis:

The issue in this case revolves around whether the value of a syringe, acknowledged as a bought-out item, should be included in determining the assessable value of P & P Medicine manufactured by the appellant. The Commissioner (Appeals) opined that the value of the syringe need not be added if it does not form an integral part of the medicine. The learned DR cited precedents, including the Glaxo (I) Ltd. case and Geoferey Manners and Co. Ltd. case, to support the appellant's stance.

On the other hand, the respondent's counsel argued that the Commissioner's decision aligns with the Supreme Court's ruling in the Shriram Bearings Ltd. case and the PSI Data Systems Ltd. case. In the Shriram Bearings Ltd. case, the Supreme Court held that accessories cannot be included in the assessable value of ball bearings if they are not integral parts of the product. This decision serves as a precedent for the current case regarding the non-inclusion of the syringe's value in the assessable value of the medicine.

The Tribunal found that the Supreme Court's decision in the Shriram Bearings Ltd. case directly applies to the present scenario. Since the syringe was a bought-out item and not an integral component of the manufactured medicine, its value should not be added to the assessable value of the P & P Medicine. Consequently, the Tribunal upheld the Commissioner's decision, stating that there is no merit in the appeals by the Revenue, and thus, the appeals were dismissed.