AI Drafter - (New and Powerful) 
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter. 
TaxTMI 
TaxTMI 
2013 (12) TMI 390
X X X X Extracts X X X X
X X X X Extracts X X X X
....ri M P Baxi, Adv. For the Respondent : Shri V R Kulkarni, Deputy Commissioner (AR) PER : P K Jain Facts of the case are that Appellant are manufacturing P&P medicament as Loan LIcence/jobwork basis for M/s. Cosme Pharma Ltd. and M/s. CFL Pharmaceuticals Ltd. (now known as Cosme Farma Laboratories Ltd.). P&P medicaments being covered by Section 4A, of the Central Excise Act they are paying....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ngalore reported in 2009 (247) ELT 488 (Tri-Bang) (ii) Themis Laboratories Pvt. Ltd. V/s. Commissioner Final Order Nos. 187-189/2011-WZB/C-II(EB), dated 1-2-2011 (iii) Softesules Pvt. Ltd. V/s. Commissioner Final Order Nos. A/346-3482011-WZB/C-II(EB), dated 13-4-2011. (iv) Omni Protech Drugs Pvt. Ltd. V/s. CCE, Pune-I reported in 2011 (274) ELT 377 (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ellant. Ld A.R. stated that their objection is that the transaction between appellant and M/s. Cosme Pharma Ltd. & M/s. CFL Pharmaceuticals Ltd. are not on principal basis. In support of his contention he drew attention to the statement of Shri Anant Arjun Kerkar, Officer (Distribution) and authorized signatory of the appellant dated 19.05.2007 wherein he stated that these physician samples are va....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ob worker and sold to the principal manufacturer, valuation is to be done as per Ujagar Print's judgement of Apex Court. However, we find in this case appellant's themselves are not assessing duty as envisaged in Ujagar Print's case, which requires specifying cost of all the raw materials, packing material supplied by the principal manufacturer, job charges and profit element. In fact, principal m....