2014 (3) TMI 3 - AT - Central Excise

Valuation of goods - Valuation of physician samples - Valuation u/s 4 as transaction value or u/s 4A as MRP - Held that - it is admitted fact in the cases in hand that these physician samples were cleared by the appellant on principle to principle basis on a transaction value, which was admissible at the time of clearance of the physician samples, than the transaction value is to be determined as per Section 4 (1) (a) of the Act - Following decision in the case of Themis Laboratories Pvt. Ltd. 2011 (2) TMI 713 - CESTAT, MUMBAI - Decided in favour of assessee.

Summary

The Appellate Tribunal CESTAT MUMBAI ruled in favor of the appellants regarding the valuation of physician samples distributed free of cost to doctors. The Tribunal cited previous decisions and held that duty should be paid as per Sec. 4(1)(a) of the Central Excise Act. The impugned orders were set aside, and the appeals were allowed.