2013 (12) TMI 390

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....nt : 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 duty based upon MRP after prescribed aba....

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....ang)    (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 (tri-Mum) Ld. Advocate's main contention is that as....

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.... 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 valued on the assessable value given by their loan licens....

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....on 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 manufacturer on his own dictating the assessable value to ....