2018 (9) TMI 1732

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pondent.   ORDER : 1. This Appeal under Section 35G of the Central Excise Act, 1944 assails the order dated 7th February 2017 passed by the the Customs, Excise and Service Tax Appellate Tribunal (for short "the Tribunal").   2. The Appellant has in its memorandum of Appeal urged the following question of law for our consideration: (a) Whether in the facts and circumstances of the cas....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....oner of Central Ex., Mumbai V(2012(280) ELT 531 (Tri Mumbai) in preference to its coordinate benches' earlier order in the case of Glaxo Smithkline Cons. Healthcare Ltd. Vs. CC & CE (A) Vizag reported in 2009(245) E.L.T. 572 (Tri.-Bang.) and upheld by the Hon'ble Apex Court in its reported in 2009(245) ELT A27 (SC), which clearly held that royalty payable on sales does not form part of cos....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e goods. The valuation as determined by the impugned order of the Tribunal is accepted by the Appellant. 4. In the above circumstances, the Appeal as filed does not relate to valuation of excisable goods for the purpose of assessment. The valuation issue is concluded issue and accepted by the Appellant. The Appeal as being pressed before us only restricts itself to imposition of penalty on accept....