2018 (7) TMI 1209 - AT - Central Excise

Valuation - physical samples sold to the principle manufacturer - related party transaction - Held that - As the physical samples are sold to the principle manufacturer who is not related to the appellant therefore the transaction value is the assessable value on which the appellant have already paid the duty - Tribunal in the case of CCE Panchkula vs. E.G. Pharma Pvt Ltd 2018 (1) TMI 256 CESTAT CHANDIGARH wherein it has been held that in case where the physical samples are sold to the principle manufacturer who is not a related person on the transaction value the transaction value shall be the assessable value - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Miscellaneous applications filed by Revenue for bundling similar cases.
2. Demand of duty under Rule 9 of Central Excise Valuation Rules, 2000 for physical samples sold to a principal manufacturer.
3. Interpretation of assessable value for physical samples sold to a non-related principal manufacturer.
4. Precedents set by earlier Tribunal cases on similar issues.

Analysis:
1. The judgment addresses the miscellaneous applications filed by the Revenue seeking to bundle cases involving similar issues. Initially, the Revenue requested the Tribunal to group such cases together, but later withdrew the application. Consequently, the first application was dismissed as withdrawn, and the second application was disposed of.

2. The appeal was filed against an order demanding duty from the appellant under Rule 9 of the Central Excise Valuation Rules, 2000 for clearing physical samples to a principal manufacturer. The Revenue argued that the value of the physical samples should be based on the open market selling price as they were intended for free distribution to physicians. However, the appellant had already paid duty on the transaction value when selling the samples to the principal manufacturer.

3. The Tribunal considered the issue of assessable value for physical samples sold to a non-related principal manufacturer. Referring to precedents set by earlier cases, the Tribunal highlighted that when physical samples are sold to a non-related principal manufacturer at the transaction value, the transaction value should be considered as the assessable value. As the appellant had already paid duty based on the transaction value to the non-related principal manufacturer, the proceedings against the appellant were deemed unsustainable, leading to the setting aside of the impugned order.

4. The Tribunal cited cases such as Themis Laboratories Pvt Ltd vs. CCE, Mumbai and CCE, Panchkula vs. E.G. Pharma Pvt Ltd to support its decision. These cases established that when physical samples are sold to a non-related principal manufacturer at the transaction value, the transaction value should be accepted as the assessable value. Based on these precedents and the specific circumstances of the case, the Tribunal allowed the appeal filed by the appellant, setting aside the impugned order.