https://www.taxtmi.com/caselaws?id=755255 CESTAT Kolkata ruled on valuation method for factory packaged medicines under Central Excise Act. Appellant transferred goods to Patna depot for Nepal export using MRP-based valuation under Section 4A, but Revenue demanded differential duty using transaction value under Section 4. Tribunal held MRP valuation applies only to domestic sales under SWM Act, not exports to Nepal, following Gillette India precedent. Differential duty demand upheld with interest. However, penalty under Section 11AC set aside as no mens rea established since appellant voluntarily paid differential duty after accepting liability, showing no intent to evade duty. en-us Tue, 09 Jul 2024 00:00:00 +0530 Tue, 09 Jul 2024 18:08:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755255 CESTAT Kolkata ruled on valuation method for factory packaged medicines under Central Excise Act. Appellant transferred goods to Patna depot for Nepal export using MRP-based valuation under Section 4A, but Revenue demanded differential duty using transaction value under Section 4. Tribunal held MRP valuation applies only to domestic sales under SWM Act, not exports to Nepal, following Gillette India precedent. Differential duty demand upheld with interest. However, penalty under Section 11AC set aside as no mens rea established since appellant voluntarily paid differential duty after accepting liability, showing no intent to evade duty. Case-Laws Central Excise Tue, 09 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755255