https://www.taxtmi.com/caselaws?id=715 Physician samples cleared free of cost are to be valued under the residuary valuation approach, taking the spirit of Rule 8 into account, because section 4(1)(a) is not attracted in such cases. The CBEC circular dated 1-7-2002 supported valuation at 115% of cost of production for the relevant period and 110% later, and this approach was accepted until the circular was superseded in 2005. Rule 4 was inapplicable because it applies only where comparable goods exist and the difference is limited to the time of delivery; physician samples and commercial packs are not comparable in that sense. On that basis, the duty demand failed and the penalty had no independent foundation. en-us Mon, 17 Jul 2006 00:00:00 +0530 Sun, 13 Apr 2008 17:18:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=715 Physician samples cleared free of cost are to be valued under the residuary valuation approach, taking the spirit of Rule 8 into account, because section 4(1)(a) is not attracted in such cases. The CBEC circular dated 1-7-2002 supported valuation at 115% of cost of production for the relevant period and 110% later, and this approach was accepted until the circular was superseded in 2005. Rule 4 was inapplicable because it applies only where comparable goods exist and the difference is limited to the time of delivery; physician samples and commercial packs are not comparable in that sense. On that basis, the duty demand failed and the penalty had no independent foundation. Case-Laws Central Excise Mon, 17 Jul 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=715