2010 (3) TMI 974

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t. Shri Bharat Raichandani, Advocate, for the Respondent. ORDER All the appeals were filed by the Revenue, aggrieved by the order passed by the Collector of Central Excise dropping the proceedings initiated against the respondents by the department. In the relevant show-cause notice, which was issued on 17-6-94, the department alleged (a) that M/s. Gentech Laboratories Ltd., in whose name....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....goods in question was liable to be paid on the basis of prices charged by M/s. Lyka Labs. Ltd., from independent wholesale dealers in the market. Accordingly, the show-cause notice demanded differential duty of Rs. 24,99,498/- for the aforesaid period from the three companies. It also proposed penalties on them. These proposals were contested. It was in adjudication of this dispute that the ld. Co....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rds and considering the submissions of both sides, we find that it is not in dispute that the medicines (final products) were actually manufactured by M/s. Savill Pharma Labs. Pvt. Ltd. Any loan license agreement between them and M/s. Gentech Laboratories Ltd. or M/s. Lyka Labs Ltd., is not available on record, nor has any such documents even referred to in any memo of appeal. Again, it is not in ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....there appears to be no forceful challenge to the finding of the ld. Collector of Central Excise. On the other hand, what the appellant wants to say is that M/s. Gentech Laboratories Ltd. and M/s. Lyka Labs. Ltd. constituted a composite loan licensee unit. We have already observed that the facts of this case do not warrant application of the loan licence scheme. The finding of the ld. Collector tha....