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january 2011

Supreme Court of India · 2011-01-14

Madley Pharmaceuticals Ltd vs Commnr Of Central Excise&Customs, ...

Citation / case number
AIR 2011 SC (SUPP) 59
Court
Supreme Court of India
Petitioner
Madley Pharmaceuticals Ltd
Respondent
Commnr Of Central Excise&Customs, ...
Author
H.L. Dattu
Bench
H.L. Dattu, D.K. Jain

Judgment text excerpt

The Supreme Court addressed the valuation of Physician samples under the Central Excise Valuation Rules, 1975 and 2000, specifically examining Rule 6(b)(ii) and Rule 8. The Court held that Physician samples should be assessed based on the cost of manufacture plus normal profits, rejecting the Revenue's pro-rata basis for valuation. The Court affirmed the Tribunal's decision that Physician samples are excisable goods despite being prohibited from sale under the Drugs and Cosmetics Act, 1940, thus upholding the method of valuation adopted by the Commissioner.

Madley Pharmaceuticals Ltd vs Commnr Of Central Excise&Customs, ... · Niyam