RANBAXY LABORATORIES LTD. v. Commissioner of Central Excise,pune
2003-03-25
H.K.SEMA, S.N.VARIAVA
body2003
DigiLaw.ai
( 1 ) IN these appeals, the question is whether free medical samples supplied to the doctors are liable to excise duty. In our view, this question is answered by a decision of this Court rendered today in Civil Appeal No. 3643-44 of 1999. ( 2 ) HOWEVER, in these matters one further question arises i. e. how are the samples to be valued. The question arises as to whether the price of physician samples are to be worked out on pro-rata basis for the samples as per Section 4 (1) (b) of the Central Excise Act read with Rules 7 and 6 (b) of the Central excise (Valuation) Rules, 1975 or on some other basis. The Tribunal has not decided this question even after holding that the goods were excisable. We, therefore, remit these matters back to the Tribunal for a decision on this point. The appeals stand disposed of accordingly. No order as to costs.