TaxTMI 
TaxTMI 
2023 (7) TMI 301
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....ty is payable on transaction value. He placed reliance on the following decisions:- (a) Medley Pharmaceuticals Limited vs. C.C.E & S.T., Daman - Final Order No. A/ 11292-112954/2022 dated 26.10.2022 (b) Zydus Healthcare Limited (Formerly Known As Biochem Pharmaceutical Industries Limited) Vs. C.C.E & S.T., Daman - 2022 (7) TMI 351 CESTAT Ahmedabad (c) Zydus Healthcare Limited (Formerly Known As Biochem Pharmaceutical Industries Limited) Vs. C.C.E & S.T., Daman - 2019 (10) TMI 810 - CESTAT Ahmedabad (d) USV Limited, Parvez K Kumana, Dilip A Pandit, Jayesh K Vasavda vs. C.C.E & S.T., Daman 2019 (5) TMI 507 CESTAT Ahmedabad (e) Biochem Pharmaceutical Industries vs. Commissioner of Central Excise and Service Tax, Daman 2017-TIOL-2477- CESTAT-Ahmd. (f) JB Chemicals & Pharmaceuticals Limited Daman, Order-In-Original No. Dmn-IV/Ac/Adj./01/19-20 Dated 18.12.2019, passed by the Assistant Commissioner, CGST & Central Excise, Daman. (g) JB Chemicals & Pharmaceuticals Limited Daman Vs. C.C.E. & S.T. Daman - Final Order No. A/ 11746-11747 /2022 Dated 28.11.2022 3. Shri Prakash Kumar Singh, Superintendent (AR) appearing on behalf of the Revenue reiterates the findings of the impug....
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....d that valuation of Medicament Supplied to Government Hospitals/ Institutional Buyers shall be governed by Section 4 and not Section 4A. The decision in the case of Zydus Healthcare Ltd, wherein the decision of M/s. USV Ltd was considered is reproduced below: "4. We have carefully considered the rival submission. We find that the issue involved in this case relates to the applicability of assessment under section 4A to supplies of pharmaceuticals made for institutional buyers who are running hospitals and where the pharmaceuticals are intended for consumption in the hospitals and not for retail sale. Ld. Counsel has produced some certificates for various institutional buyers which confirm this fact. Revenue has not produced any evidence that the said goods are sold by the institutional buyers and similarly no evidence has been produced to assert that the said pharmaceuticals are not consumed in the hospitals by these institutional buyers themselves. In the case of USV Ltd., following has been observed: "4. We have gone through rival submissions. We find that these products were brought into the fold of section 4A assessment by notification No. 2/2005-CE(NT) dated 07.01.2005 whi....
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....he Official Gazette or ordered by the Government in this behalf, with the words 'retail price not to exceed' preceding it, and "local taxes extra" succeeding it, in the case of Scheduled formulations. Provided that in the case of a container consisting of smaller saleable packs, the retail price of such smaller pack shall also be displayed on the label of each smaller pack and such price shall not be more than the pro-rata retail price of the main pack rounded off to the nearest paisa.15. Display of prices of non-Scheduled formulations and price list thereof: 1. Every manufacturer, importer or distributor of a non-Scheduled formulation intended for sale shall display in indelible print mark, on the label of container of the formulation and the minimum pack thereof offered for retail sale, the retail price of that formulation with the words "retail price not to exceed" preceding it "local taxes extra" succeeding it, and the words "Not under Price Control" on a green strip: Provided that in the case of a container consisting of smaller saleable packs, the retail price of such smaller pack shall also be displayed on the label of each smaller pack and such price shall not be mo....
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.....4.1After the detailed analysis of the said para nos. 14(2) and 15(1) of the said DPCO, 1995, the following facts are extracted there-from;4.3.4.1.1.Who is required to adopt it? : Every manufacturer or importer or distributor of a scheduled or non-scheduled formulation. 4.3.4.1.2. When are the said formulations intended for sale?4.3.4.1.3 What action is required to be taken? : shall display in indelible print mark; 4.3.4.1.4.On which shall such action be taken?: (i) On the label of a container of the formulation & (1) On the minimum pack thereof offered for retail sale.4.3.4.1.5. What will be displayed thereon?: (i) retail price not to exceed" & local taxes extra applicable for scheduled formations & (ii) maximum retail price" (MRP) inclusive of all taxes in respect of non scheduledformulations.4.3.4.2.As discussed at para 4.3.4.1.1 4.3.4.1.5 hereinabove I come to the conclusion that as and when a manufacturer or distributor or importer of scheduled or non-scheduled formulations intends to sell the said formulations, he shall display, in indelible print mark, on the label of the container of the formation as well as on the minimum pack thereof offered for retail sale, the retail pr....