9911796707
Advanced Search 
TMI Blog2017 (2) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... nt ORDER Per Ramesh Nair The fact of the case is that the appellant is engaged in the manufacture of medicaments falling under Heading 3003 to the First Schedule of Central Excise Tariff Act, 1985. The appellant also manufactured medicaments on behalf of M/s FDC Ltd. and M/s DCI Pharmaceuticals Pvt. Ltd. under an agreement on loan license basis. In respect of such goods, the appellants have val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us. 2. Shri Vinod Awtani, learned C.A. appearing on behalf of the appellant submits that the appellants are manufacturing medicaments for M/s FDC Ltd. and M/s DCI Pharmaceuticals on job work basis. The relationship between them and the principals is of principal to principal basis. The appellant are manufacturing independently even though on job work basis. Therefore, it cannot be said that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Hon'ble Supreme Court reported as Cosme Farma Laboratories Ltd. 2015 (318) ELT 545 (SC). He also relied upon the CBE&C Circular No. 619/10/2002-CX dated 19.2.2002 and the Hon'ble Supreme Court judgment in the case of Pawan Biscuits Co. Ltd. 2000 (120) ELT 24 (SC). He also relied on the following judgments: - (i) CCE, Madras Vs. Lupin Lab. (P) Ltd. 2003 (162) ELT 803 (ii) Remede ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e said decision that the value of job-work goods should be arrived at on cost of raw material + job charges including the profit of the job worker. It was also clearly held that the profit of the principal, which is a trading profit cannot be added in the assessable value of job-worker. Therefore, the value adopted by the appellant is absolutely legal and correct. The Revenue tried to apply the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
