2004 (9) TMI 493 - AT - Central Excise

Summary

Issues:
1. Stay of the operation of Order-in-Original No. 6/2004 and recovery.
2. Waiver of pre-deposit of total duty amount.
3. Differential duty confirmation.
4. Penalties imposed.
5. Rejection of transaction value with Oil Companies.
6. Different pricing for dealers and Oil Companies.
7. Inclusion of various charges in pricing.
8. Mutuality of interest between appellants and Oil Companies.
9. Treatment of sales under the agreement as independent transactions.

Analysis:
1. The appellant, a PSU unit, sought a stay of the Order-in-Original No. 6/2004 and recovery, along with a waiver of pre-deposit of confirmed duty amounts. The differential duty and penalties imposed were also contested. The Revenue challenged the transaction value with Oil Companies and the pricing strategy for dealers.

2. The appellant argued that the sales to Oil Companies were on a principal-to-principal basis, distinct from sales to dealers. They contended that the pricing structure, including state surcharge and other charges, should not be included in the assessment. The Commissioner considered the appellants and Oil Companies related under Section 4(3)(b) due to mutual interest.

3. The Tribunal, after hearing both parties, found a strong case in favor of the appellants. They noted that sales to Oil Companies were separate transactions with different terms, not indicating mutuality of interest. Citing Section 4(1)(a) of the Central Excise Act, the Tribunal viewed these sales as independent transactions, aligning with Apex Court precedents.

4. Referring to a judgment by the Commissioner of Central Excise, Mangalore, the Tribunal upheld the appellant's contentions and granted a waiver of pre-deposit for disputed duty and penalties. The stay application was allowed, halting recovery pending appeal disposal. Due to the significant amount involved, an out-of-turn hearing was scheduled for February 24, 2005, prioritizing the appeal as the first matter on the docket.