2023 (5) TMI 383

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....(JUDICIAL) Shri S.J Vyas, Advocate appeared for the Appellant Shri Rajesh K Agarwal, Superintendent (AR) for the Respondent ORDER The brief facts of the case are that appellant M/s. Norris Medicines Ltd (Norris) are engaged in the manufacture of P&P Medicines falling under chapter 30 of the Schedule to the Central Excise Tariff Act, 1985. M/s. Wintac ltd (formerly known as M/s. Recon I....

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....Central Excise Act, 1944. The learned Commissioner (Appeals) upheld the confirmation of the above by rejecting the appeal of the appellant. Therefore, the present appeals. 2. When the matter was called out none appeared on behalf of Norris despite several opportunities were given to the appellant. Therefore, the appeal of Norris is taken for disposal. Shri S. J Vyas appeared on behalf of Wintac....

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....nd perused the records. We find that the issue to be decided in the case of Norris is that whether the cost of Royalty towards technical knowhow borne by M/s Wintac is includible in the assessable value of medicament viz. Reclavin Injection. We find that there is no dispute that the buyer of the medicament M/s Wintac has purchased technical knowhow on payment of consideration and the said technica....