2017 (1) TMI 1694 - AT - Central Excise

Valuation - clearance of petroleum products to its own retail outlet - inclusion of dealer commission in the assessable value - HELD THAT - It is a clear fact on record as stated by the respondent and also verifiable to the extent that the retail outlets belongs to the respondents which had made sale of the petroleum products cleared by M/s. Indian Oil Corporation. There being no presumption in tax the presumptive taxation by Revenue on the ground that there was charge commission from the dealer is unwarranted. M/s. Indian Oil Corporation has its own retail outlet without being such outlet given to any dealer for retail sale. The elementary jurisprudence being no one trades with himself there is no question arise of any commission when the respondent cleared its goods to its own outlets. Appeal dismissed- decided against Revenue.

Summary

Issues:
Interpretation of assessable value for petroleum products cleared to own retail outlet, presumption of commission charged by M/s. Indian Oil Corporation, applicability of presumptive taxation by Revenue, ownership of retail outlets affecting commission charges.

Analysis:
The judgment by the Appellate Tribunal CESTAT CHENNAI delves into the dispute regarding the assessable value of petroleum products cleared by M/s. Indian Oil Corporation to its own retail outlet. The respondent argued that no commission was charged by the corporation for goods supplied to the retail outlet, contrary to the Revenue's presumption. The Tribunal examined the records and noted that the retail outlets belonged to the respondent, which directly sold the products cleared by M/s. Indian Oil Corporation. The Tribunal emphasized the absence of any presumption in taxation and deemed the Revenue's presumptive taxation based on dealer commission as unjustified. Consequently, the Tribunal dismissed the Revenue's appeal, highlighting the lack of commission charges in this scenario.

Another crucial aspect addressed in the judgment was the ownership structure of the retail outlets. The Tribunal emphasized that M/s. Indian Oil Corporation operated its own retail outlets without involving any external dealers for retail sales. Citing the principle that one does not trade with oneself, the Tribunal concluded that the absence of dealer involvement precluded any commission charges. This observation further supported the dismissal of the Revenue's appeal, as the fundamental premise of commission being charged to dealers was deemed inapplicable in this specific context.

In conclusion, the Tribunal's decision underscored the significance of factual evidence and legal principles in determining the assessable value and taxation implications for goods supplied to owned retail outlets. By emphasizing the absence of commission charges and the direct sales model employed by M/s. Indian Oil Corporation, the Tribunal provided a clear rationale for dismissing the Revenue's appeal and upholding the respondent's position in this case.