Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

PJ/Case Laws/2012-13/1011

Valuation of Physician Samples

Case: M/S PARNAX LAB PVT LTD V/S CCE, VAPI
 
Citation: 2011-TIOL-1668-CESTAT-AHM
 
Issue:- Valuation of Physician samples cleared of own product and of other principle manufacturers – whether on cost production basis or pro rate basis? – held: Transaction value applicable – Appeal dismissed on merit & limitation.
 
Brief Facts:- Appellant were engaged in the manufacture of excisable goods P&P medicaments for which they had obtained central excise registration. They were also availing benefit of cenvat credit. Appellants were also manufacturing and clearing physicians sample packs for free distribution. The final product i.e. sale pack of the appellant was covered  under provisions of Section 4A of the Central Excise Act, 1944 for the sale pack but for clearances of “physicians sample”, they used to discharge the duty liability based upon the value arrived at on cost of production.
 
The Lower Authorities felt that the valuation of the “physician’s samples” has to be done on the basis of pro-rata value of such goods sold by the assessee i.e. on pro rata basis of MRP of the said products as per the provisions of Rule 4 of Central Excise Valuation Rules. Thus a show cause notice was issued by invoking extended period of limitation demanding differential duty with interest and also for imposing penalty. Demand was confirmed.
 
Appellant is now before the Tribunal.
 
Appellant’s Contention: - Appellant submitted that valuation of the physicians sample has to be done based upon the cost construction method. It was also submitted that the appellants manufacturing activity consists of “physician’s sample” on their own account i.e. for the products manufactured by them for which physicians sample are cleared and outright sale of the physicians sample to the customers. With regard to outright sale of physician samples by them to the customers, they have discharged duty liability based upon the invoice price i.e. its transaction value. The said price cannot be rejected by Revenue without any basis. For the issue of discharge of duty liability of physician samples sold by the appellant, the coordinate bench of the Tribunal in the case of CCE, Daman v/s Sidmak Laboratories (India) Ltd [2008-TIOL-2855-CESTAT-AHM] has clearly held that provisions of Section 4 will be applicable i.e. the transaction value should be applied.
 
It was submitted that the entire demand is for the period from 07.01.05 to 31.12.06 which is blatantly time barred but show cause notice was issued in November 2007. That in their ER-1 monthly returns appellants have specifically mentioned in the returns that they are also clearing physician samples and have declared value in the said returns and if there was any query, why Revenue has not rejected the assessable value of said physician samples at the relevant time and now they cannot claim that there is suppression or mis-declaration of the value.
 
Respondent’s Contention:-Revenue contended that the Larger Bench decision of this Tribunal in the case of Blue Cross Laboratories Ltd v/s CCE, Mumbai [2006-TIOL-1142-CESTAT-MUM-LB] and Cadila Pharmaceuticals Ltd v/s CCE, Ahmedabad [2008-TIOL-1668-CESTAT-AHM-LB] have laid down the law which clearly states that the physician sample to be valued based upon the pro rata price of the sale pack of the very same said products. It was submitted that the appellant has not followed the law as has been laid down by the Larger Bench for the period in question and hence has mis-declared the value.
 
On Limitation, it was submitted that larger period was correctly invoked as the appellant did not indicate in the monthly returns whether duty on such clearance of sample was being paid on pro-rata basis of the value of the MRP of the identical goods or otherwise.
 
Reasoning of Judgement: -The Tribunal noted that as regards the physician samples manufactured by the appellant for other principals and sold to them under contractual obligations, Revenue has not challenged the said contracts. Also the transaction value declared by the appellant while clearing the goods from their factory premises has not been rejected. It is also not disputed that appellant have been discharging the duty liability on physician samples as per the invoices raised from his factory and cleared to the principal manufacturer who in turn distributes the very same to the medical profession. On this background, the Tribunal found that the ratio laid down by the bench for the case of M/s Sidmak Laboratories Ltd is squarely on the point. In that case on facts, it was held that value of samples should be in terms of Section 4. The said judgment was upheld by the Apex Court [Order dated 27.07.2009 in Civil Appeal No. 1456 of 2009]. Hence, the Tribunal that the demand of the duty liability on the physicians sample sold by the appellant to the principals, the assessable value as ascertained by the assessee and the duty liability discharged is correct and there is no reason for re-calculating the assessable value based upon the value arrived at on pro rata basis of sales pack.
 
With regard, to physician samples manufactured and cleared by appellant on their own product, the issue was covered by Larger bench decision of Cadila Pharmaceuticals Ltd v/s CCE, Ahmedabad.
 
On Limitation, the Tribunal found that in monthly returns, appellant had clearly mentioned the products cleared as physician samples and all details were given. In the absence of any objection from Revenue, appellant was justified in holding that the assessable value computed by them was correct. There is no suppression. Demand is time barred. Impugned order set aside.
 
Decision:- Appeals allowed.

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com