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2015 (10) TMI 773 - AT - Central ExciseValuation - Whether the Physician Samples are required to be valued at the pro-rata basis of traded goods or the same are to be valued at transactions value or value determined by cost construction method - Held that - both the sides are disputing on the facts and law of the case. Therefore, it should be re-examined by the Adjudicating authority. In view of that, we set aside the said impugned order. The matter is remanded to the Adjudicating Authority - Decided in favour of assessee.
Issues: Valuation of Physician Samples
Issue 1: Valuation of Physician Samples The appellate tribunal was tasked with determining whether Physician Samples should be valued at the pro-rata basis of traded goods, transactions value, or value determined by cost construction method. The tribunal referred to a previous case involving M/s Mepro Pharmaceuticals Pvt Ltd where the matter was remanded to the Adjudicating Authority for fresh consideration. The tribunal noted that the appellant argued for valuation based on transaction value under Section 4 of the Central Excise Act, 1944, citing relevant case laws. The Revenue, however, contended that the appellant company was controlled by the brand owners based on the agreement terms. The tribunal found a lack of clarity in the Adjudicating Authority's findings, necessitating a fresh examination of the case considering the submissions and case laws. The appeal was allowed by way of remand, with no express opinion on the merit of the case. Issue 2: Remand to Adjudicating Authority The appellant's advocate argued that their case was stronger than the M/s Mepro Pharmaceuticals Pvt Ltd case, which was opposed by the Revenue's Authorized Representative. Both sides disputed the facts and law of the case, leading the tribunal to set aside the impugned order and remand the matter to the Adjudicating Authority for a fresh decision after considering the submissions and case laws. The appeal was allowed by way of remand, emphasizing the need for a thorough re-examination by the Adjudicating Authority.
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