2012 (12) TMI 917

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....Per: B.S.V. Murthy: 1. The appellant is engaged in the manufacture of Pharmaceutical Medicaments falling under the chapter 30 of the Schedule of Central Excise Tariff Act, 1985. The products during the period covered by the impugned order were chargeable to central excise duty on the basis of MRP as provided under Section 4-A of the Central Excise Act, 1944. The appellant had adopted the MRP of....

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....arrived at based on the MRP of the same medicament on pro-rata basis. He submits that because of the sale price/transaction value of medicament is higher than the assessable value arrived at by deducting abatement from MRP, proceedings were initiated and demand for service tax and penalty have been confirmed. 3. After hearing both sides, we find that the issue is squarely covered by the decisio....