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    <title>2018 (6) TMI 981 - CESTAT MUMBAI</title>
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    <description>The Tribunal ruled in favor of the respondent, setting aside the demand of duty confirmed by the Commissioner (Appeals) and dismissing the Revenue&#039;s appeal. It held that the valuation of physician samples should be based on the transaction value under Section 4(1)(a) of the Central Excise Act, 1944, as the sale price was available. The Tribunal rejected the application of pro-rata basis for valuation, emphasizing the principle-to-principle transaction between the parties. Consequently, as the demand was deemed unsustainable, the question of penalty was not entertained, resulting in the dismissal of the Revenue&#039;s appeal.</description>
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      <title>2018 (6) TMI 981 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=362154</link>
      <description>The Tribunal ruled in favor of the respondent, setting aside the demand of duty confirmed by the Commissioner (Appeals) and dismissing the Revenue&#039;s appeal. It held that the valuation of physician samples should be based on the transaction value under Section 4(1)(a) of the Central Excise Act, 1944, as the sale price was available. The Tribunal rejected the application of pro-rata basis for valuation, emphasizing the principle-to-principle transaction between the parties. Consequently, as the demand was deemed unsustainable, the question of penalty was not entertained, resulting in the dismissal of the Revenue&#039;s appeal.</description>
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