2018 (8) TMI 41

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....anhatti, Advocate, for respondent ORDER Per: Raju This appeal has been filed by Revenue against the order of the Commissioner (Appeals) rejecting the Revenue's appeal against the order of the Deputy Commissioner. 2. The facts of the case are that the appellant M/s. GlaxoSmithKline, Nabha, Punjab, imported vaccines from a related supplier GlaxoSmithKline Biological, Belgium. The transac....

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..... It was therefore necessary to examine the balance sheet. 9. There was an unexplained difference of Rs. 1 05 in the MRP of the two vaccines when their ex-factory cost was almost same (about Rs. 124)." The Commissioner (Appeals) instead of going into this issue where the value was determined under Rule 3(3)(b) came to the conclusion that the transaction value should not have been rejected un....

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....at the invoice price closeby approximates to the price under deductive value method. On examination of the cost sheet along with the domestic sales invoices it is observed that if the margin of profit of retailers stockiest, distributors and the importer which appears to be reasonable for the Pharmaceutical industry are deducted from the MRP and usual expenses in connection with manufacture and ma....