https://www.taxtmi.com/caselaws?id=442434 Physician samples of P and P medicaments were examined for excise valuation under Section 4A or Section 4 of the Central Excise Act, 1944. The Tribunal applied the principle that valuation depends on the transaction between the assessee and the buyer at the time of removal, and that subsequent free distribution by distributors to physicians does not change the assessee's valuation basis. On that reasoning, the Department's case based on ultimate non-sale to physicians failed, the demand was not sustainable, and the orders confirming duty, interest, and penalty were set aside. en-us Mon, 21 Aug 2023 00:00:00 +0530 Fri, 01 Sep 2023 19:41:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=442434 Physician samples of P and P medicaments were examined for excise valuation under Section 4A or Section 4 of the Central Excise Act, 1944. The Tribunal applied the principle that valuation depends on the transaction between the assessee and the buyer at the time of removal, and that subsequent free distribution by distributors to physicians does not change the assessee's valuation basis. On that reasoning, the Department's case based on ultimate non-sale to physicians failed, the demand was not sustainable, and the orders confirming duty, interest, and penalty were set aside. Case-Laws Central Excise Mon, 21 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=442434