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    <title>2004 (12) TMI 501 - CESTAT, MUMBAI</title>
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    <description>Physician sample packs of medicaments, when sold to wholesale dealers at declared prices, were to be valued on the actual declared sale price under Section 4(1)(a) of the Central Excise Act, 1944; a notional pro rata valuation based on larger commercial packs was not sustainable. The extended limitation period under the proviso to Section 11A(1) could not be invoked because the department knew of manufacture and clearances, statutory returns were filed, audits were conducted, and no suppression or concealment was established. As the valuation dispute and demand failed on merits and limitation, the related penalties and interest also could not survive.</description>
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    <pubDate>Tue, 14 Dec 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=114905</link>
      <description>Physician sample packs of medicaments, when sold to wholesale dealers at declared prices, were to be valued on the actual declared sale price under Section 4(1)(a) of the Central Excise Act, 1944; a notional pro rata valuation based on larger commercial packs was not sustainable. The extended limitation period under the proviso to Section 11A(1) could not be invoked because the department knew of manufacture and clearances, statutory returns were filed, audits were conducted, and no suppression or concealment was established. As the valuation dispute and demand failed on merits and limitation, the related penalties and interest also could not survive.</description>
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