2013 (7) TMI 468 - AT - Central Excise

Removal of petroleum products without payment of duty from refineries to warehouses was withdrawn w.e.f 6.9.2004. The Revenue raised the demanded duty in respect of the petroleum products which remained in the pipeline namely BPT pipeline and Pirpau pipeline Issue Involved - Whether the BPT pipeline belongs to the appellant whether the Pirpau Pipeline is within the factory limit of the appellant Held that - Facts requires verification afresh by the adjudicating authority hence the impugned order is set aside and matter is remanded to the adjudicating authority - Both sides are at liberty to produce evidence in support of their claim.

Summary

Issues: Determination of ownership of pipelines and liability to pay duty on petroleum products.

Analysis:
1. Ownership of BPT pipeline and duty liability: The appellant contested the demand of duty on petroleum products in the BPT pipeline, arguing that the pipeline does not belong to them but to the Bombay Port Trust. The appellant maintained that duty cannot be demanded for products in the BPT pipeline as of a specific date. The Tribunal noted the appellant's claim supported by the affidavit of the Sr. Manager-Production Planning. The matter of ownership of the BPT pipeline requires fresh verification by the adjudicating authority. The Tribunal set aside the order and remanded the case for de novo adjudication, allowing both parties to present evidence.

2. Location of Pirpau Pipeline and duty liability: Regarding the Pirpau Pipeline, the appellant asserted that it is within their factory limits, and the petroleum products in it were part of their inventory stock, cleared on payment of duty subsequently. The appellant relied on the affidavit filed by the Sr. Manager-Production Planning to support their position. The Commissioner (A.R) argued that the products in both pipelines belonged to the appellant, making them liable to pay duty. The Tribunal found that the issue of the Pirpau Pipeline's location within the factory limits needs verification. The case was remanded for fresh adjudication, with both parties given the opportunity to present their arguments and evidence.

3. De novo adjudication: The Tribunal emphasized the need for the adjudicating authority to re-examine the ownership of the BPT pipeline and the location of the Pirpau Pipeline. The decision was made to set aside the previous order and allow for a fresh determination of the issues involved. The adjudicating authority was instructed to conduct a thorough review, considering all aspects and evidence presented by both the appellant and the Revenue. The Tribunal granted both parties the opportunity to provide additional evidence to support their respective claims during the fresh adjudication process.