2004 (9) TMI 510 - AT - Central Excise

Summary

Issues:
1. Dutiability of Control Samples for medicines retained in the factory.
2. Conflict between decisions of the Tribunal regarding duty on such samples.

Issue 1: Dutiability of Control Samples for medicines retained in the factory:
The appeal pertains to the dutiability of Control Samples for medicines retained in the factory. The Revenue relies on a previous decision of the Tribunal in the case of Albert David Ltd. v. CCE, Meerut, asserting that duty is required to be paid on such samples. In contrast, the appellant's counsel refers to the decision in the case of Manali Petrochemicals and a Board Circular. The circular clarifies that no duty should be charged on samples preserved by a manufacturer within the factory for investigation of complaints unless exempted by a notification. Duty becomes applicable only when the samples are cleared from the factory. The procedure for destruction of samples is also outlined in the circular.

Issue 2: Conflict between decisions of the Tribunal regarding duty on such samples:
The conflicting decisions on the dutiability of Control Samples for medicines retained in the factory have led to a situation where there is a lack of clarity. The appellant relies on one Tribunal decision and a Board Circular, while the Revenue cites a different Tribunal decision to support its stance. Given this conflict, the matter has been referred to the President for consideration of a possible reference to a Larger Bench for resolution.

This case highlights the importance of clarity and consistency in legal interpretations, especially concerning the dutiability of goods such as Control Samples. The conflicting decisions underscore the need for a comprehensive review to ensure uniformity and coherence in the application of relevant laws and regulations.