2008 (6) TMI 437 - AT - Central Excise

Summary

Issues:
1. Interpretation of duty liability on Physician Samples sold by a pharmaceutical goods manufacturer.
2. Applicability of High Court judgment and Board's circular on duty payment basis.
3. Consideration of waiver of duty, interest, and penalty.

Analysis:
1. The case involves the interpretation of duty liability concerning Physician Samples sold by a pharmaceutical goods manufacturer. The manufacturer sold products in normal packs and smaller packs marked as "Physician Sample not for sale." The Department contended that duty should be paid based on the assessable value of similar goods sold by the assessee, following a High Court judgment and a Board circular. However, the Tribunal noted that the High Court judgment and the circular primarily apply when samples are given out for free, not when they are sold to brand owners.

2. The Tribunal carefully analyzed the High Court judgment and the Board's circular, concluding that they are not directly applicable in cases where the manufacturer sells samples to brand owners. The Tribunal found that the manufacturer had a valid argument for waiver of duty, interest, and penalty. Therefore, the Tribunal ordered the waiver of pre-deposit of dues as per the impugned order and stayed the recovery of dues until the appeal is disposed of.

3. In summary, the Tribunal's decision was based on the distinction between providing samples for free and selling samples to brand owners. The Tribunal granted relief to the manufacturer by waiving the duty payment requirement, interest, and penalty, considering the specific circumstances of the case and the interpretation of relevant legal precedents.