2010 (6) TMI 741

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....i, SDR, for the Department. Shri Prasad Paranjape, Advocate, for the Assessee. ORDER All the three appeals - two filed by the assessee and one filed by the Revenue are being disposed off by a common order as they arise out of the same impugned order passed by Commissioner (Appeals). 2. After hearing both sides, we find that the dispute is in respect of valuation of the physician's....

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.... the entire period involved in both the appeals is prior to 25-4-2005, when the subsequent circular was issued. During the period in question, the earlier circular of the Board issued on 1-7-2002 was governing the field. The department is bound by such circulars, as held in number of judgments and as such the assessment of physician's samples is required to be made in terms of Board's circular dat....

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....the above decisions are that for the period prior to 2005, the assessable value of physician's samples is required to be arrived at in terms of Board's circular dated 1-7-2002, qualifying adoption of value at 115% cost of the production. Inasmuch as in the present 2 appeals filed by the assessee, entire period is covered by the above circular, by following the ratio of the above decision, we set a....