2024 (3) TMI 178

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....alling under Chapter Heading 3003 of the Central Excise Tariff Act, 1985. During the period 07/01/2005 to 30/06/2007, they cleared physician samples on payment of duty by determining the assessable value adopting Cost Construction Method under Rule 8 instead of Rule 11 read with Rule 4 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. Show-cause notice was issued for recovery of differential duty of Rs. 6,18,431/- (Rupees Six Lakhs Eighteen Thousand Four Hundred and Thirty One only) with interest and proposal for penalty. On adjudication, the demand was confirmed with interest and penalty. Aggrieved by the said order, they have filed the appeal before the learned Commissioner (Appeals) on the ground th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....duct and on loan license basis from time to time to the Department. Therefore, invoking of extended period of limitation is not sustainable. In support, the learned Advocate referred to the judgments of the Hon'ble Supreme Court in the following cases: i. CC Vs. Magus Metals Pvt. Ltd. - 2017 (355) E.L.T. 323 (SC) ii. Blue Star Ltd. Vs. UOI - 2015 (322) E.L.T. 820 (SC) iii. CCE, Mumbai III Vs. Essel Propack Ltd. - 2015 (323) E.L.T. 248 (SC) iv. Uniworth Textiles Ltd. Vs. CCE, Raipur - 2013 (288) E.L.T. 161 (SC) 3.1. Further he has submitted that this Tribunal while deciding the issue of leviability of duty on physician samples supplied free in the case of Bora Pharma Pvt. Ltd. Vs. Commissioner of C. Ex.....