2009 (11) TMI 766 - AT - Central Excise

Summary

Issues:
1. Duty demand confirmation on physician samples manufactured on job work basis.
2. Imposition of penalty equal to duty and interest demand.
3. Detention order under Section 11 of Central Excise Act, 1944.
4. Applicability of valuation rules based on the period of dispute.
5. Granting of stay petition and quashing of detention order.

Analysis:
1. The judgment addressed the duty demand confirmation of Rs. 22,64,563 against the appellant concerning physician samples manufactured on a job work basis. The duty was to be assessed as per Rule 4 of Central Excise Valuation Rules, 2000. Additionally, a penalty equal to duty and interest was imposed. A detention order was issued under Section 11 of the Central Excise Act, 1944 by the Assistant Commissioner to recover the penalty and interest, despite a stay application pending before the Tribunal.

2. The learned Advocate argued that the appellants had a strong case due to the applicability of the decision of the Apex Court in the case of Ujagar Prints, which stated that physician samples should be assessed to duty based on the cost of production. As duty and interest had already been paid, the Advocate requested the grant of stay and the quashing of the detention order to avoid difficulties for the appellants.

3. The Tribunal considered the submissions and acknowledged that the amounts deposited by the appellants for duty and interest were sufficient under Section 35F of the Central Excise Act, 1944. Consequently, the stay petition was unconditionally allowed during the appeal's pendency. The Tribunal also quashed the detention order issued by the Assistant Commissioner. The order was directed to be issued immediately to ensure the clearance of held-up goods due to the detention order, with instructions for the appellant to serve a copy to the Assistant Commissioner for the withdrawal of the detention order.