COMMISSIONER OF CENTRAL EXCISE Vs. IND. SWIFT LTD.

JUDGEMENT

(1.) THE issue raised in these appeals at the instance of the assessee is whether the value of syringe which is admittedly a bought out item has to be added in arriving at the assessable value to the P and P Medicine manufactured by it and cleared for the reason that it has combination packet. Commissioner (Appeals) took the view that it cannot. According to Commissioner (Appeals), there is no manufacture of syringe by the appellant and if it does not become an integral part of the above P and P medicine, its value cannot be added to the assessable value of the medicine.

(2.) LEARNED DR relied on the decision of this Tribunal in the case of Glaxo (I) Ltd. v. C.C.E., Kanpur - 1995 (76) E.L.T. 451 which was affirmed by the Supreme Court [1996 (84) E.L.T. A160]. He has also placed reliance on the decision of this Tribunal in the case of Geoferey Manners and Co. Ltd. v. C.C.E., Pune -2001 (138) E.L.T. 1418.

(3.) LEARNED Counsel appearing on behalf of the respondent contended that the view taken by the Commissioner (Appeals) is in consonance with the ratio of the decision of the Supreme Court in Shriram Bearings Ltd. v. C.C.E., Patna - 1997 (91) E.L.T. 255 (S.C.). Reliance has also been placed by the learned Counsel on the decision of the Supreme Court in PSI Data Systems Ltd. v. C.C.E. - 1997 (89) E.L.T. 3 (S.C.).