9911796707
TMI Blog2006 (2) TMI 424X X X X Extracts X X X X X X X X Extracts X X X X ..... . [Order per : S.S. Kang, Vice-President]. Heard both sides. The applicant filed an application for waiver of pre-deposit of Rs. 4,44,83,873/- and penalty of the equal amount. In this case demand is confirmed in respect of two bulk drugs namely PACLITAXEL AND DOCETAXEL, manufactured by the applicant at their at Sahibabad. Both the bulk drugs are cleared to their unit at Baddi and captive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of best judgment assessment and taken into consideration the 75% of the cost of injection as the cost of bulk drug. 3. The contention of the applicant is that for stay purposes though not admitted the case of the revenue that the applicant had not declared the cost of production correctly. Under the provisions of Rule 11 of Valuation Rules, the cost of final product cleared by another unit can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on is 172%. The contention is also that the applicant produced all the cost data showing that they had correctly determined the cost of production which was ignored by the adjudicating authority. 4. The contention of the Revenue is that the cost data supplied by the applicant are not reliable data as the cost of the raw-material used in the manufacture of bulk drug. In the suppression price, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew that 75% of the cost of the injection is the cost of bulk drug manufactured by the appellant. The contention of the applicant is that there is a value addition of 172% at their unit where they are manufacturing injection whereas revenue has taken into consideration of 3% of value addition. Keeping in view the Valuation Rules, we find merit in the contention of the applicant, therefore, pre-depo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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