2018 (2) TMI 1071 - AT - Customs

Demand of differential duty - quantities received by the OMCs in excess of the quantities found removed at the end of their refineries - Held that - Because of the nature of the goods i.e. petroleum products, such variations are inevitable - The guidelines have allowed monthly adjustments between the quantities of excess receipt with the quantities of short receipt before the payment of duty on monthly basis. Even though this clarification is dated 14/02/2014, which is after the date of impugned order, we are of the view that the benefit of such monthly adjustments may be extended even for the earlier periods. Matter remanded to the original authority for de novo decision by working out the demand after granting the adjustments as per the Ministry of Finance, Department of Revenue s circular - appeal allowed by way of remand.

Summary

Issues: Appeal against differential duty demand for petroleum products cleared through pipelines to Oil Marketing Companies due to quantity variations.

Analysis:
1. Background of the Case: The appeal was filed against two impugned orders covering the period January 2005 to December 2005. The dispute arose due to the difference in quantities cleared at the refinery and the quantities received by the Oil Marketing Companies (OMCs) because of the volatile nature of petroleum products.

2. Arguments Presented:
- The appellant's advocate admitted a previous Tribunal decision against the appellant, where duty was held liable on the excess quantity removed from the refinery. However, he referred to guidelines issued by the Department of Revenue in response to C&AG's audit report, allowing monthly adjustments for duty calculation based on net quantity received at OMCs.
- The appellant requested the benefit of monthly adjustments even for the disputed periods, in line with the Department of Revenue circular, and assured the ability to provide detailed calculations.

3. Revenue's Position: The Revenue reiterated the impugned order and the Tribunal's earlier decision in their favor, emphasizing duty liability on excess quantities removed from the refinery.

4. Tribunal's Decision:
- After considering both sides and reviewing the records, the Tribunal acknowledged the issue's complexity due to quantity variations of petroleum products. They noted the Department of Revenue's guidelines allowing monthly adjustments between excess and short quantities received at OMCs before duty payment.
- Despite the circular being issued after the impugned orders, the Tribunal decided to set aside the orders and remand the matter to the original authority for a fresh decision. The Tribunal directed the authority to calculate the demand after granting adjustments as per the Ministry of Finance's circular and provide the appellant with an opportunity for an effective hearing.

5. Conclusion: The Tribunal's decision, dictated in open court on 08/12/2017, emphasized the importance of following the Ministry of Finance's guidelines for duty calculation on petroleum products and granted the appellant a chance to present relevant details for consideration during the fresh decision-making process.