2012 (11) TMI 475 - HC - Central Excise

Assessable value of the physician sample packs distributed free of cost Held that - Show cause notice was issued on 11th June, 2008 - extended period would not be invoked in cases where the matter is referred to the Larger Bench and also discussed the effect of the Circular issued by the Board, the Tribunal held in the instant case that the demand is barred by limitation - Decided in favor of assessee.

Summary

Issues:
1. Whether the Tribunal committed an error by deciding the appeal on merit without specific notice?
2. Whether the Tribunal erred in allowing the appeal without recording disagreement to the Commissioner's findings on limitation?
3. Whether the Tribunal's order contradicts the Apex Court's observation in a specific case?
4. Whether the Tribunal erred by not considering the revenue's case and relying solely on a previous decision?

Analysis:

1. The Department challenged the Tribunal's order, questioning if the Tribunal erred by deciding the appeal on merit without issuing specific notice. The High Court examined the adjudicating authorities' orders and heard arguments from the Department's senior counsel. The dispute involved the assessable value of physician sample packs distributed free of cost by a pharmaceutical manufacturer. The Tribunal relied on a previous case involving Cadila Pharmaceuticals Limited and held that the demand was barred by limitation based on the decision in the case of Marsha Pharma Private Limited.

2. The second issue raised was whether the Tribunal erred in allowing the appeal without recording disagreement with the Commissioner's findings on the limitation period. The Court noted that a previous decision in the case of Marsha Pharma Private Limited, which was upheld by the High Court, had already settled the matter regarding the extended period of limitation. As the issue had attained finality and no new substantial question of law was proposed, the Tribunal's decision was upheld.

3. The third issue questioned if the Tribunal's order contradicted the observation of the Apex Court in a specific case. The Court found that the Tribunal's decision was in line with the previous decision in Marsha Pharma Private Limited, which had already been upheld by the High Court. As there was no new legal error or substantial question of law, the Tribunal's order was not interfered with.

4. The final issue raised was whether the Tribunal erred by not considering the revenue's case and relying solely on a previous decision. The Court pointed out that the decision in Marsha Pharma Private Limited had been upheld by the High Court, and the Board had chosen not to file any further appeal. As the issue had been settled and no new legal questions were raised, the Tribunal's decision was upheld, and the Tax Appeal was dismissed.