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2018 (12) TMI 721 - AT - Central ExciseValuation - Motor Spirit - High Speed Diesel - clearance of products to its own depots by payment of duty at the rate specified per kilo liter for volumes at ambient temperature - under-valuation - demand of differential duty - Held that - Identical issue decided in the case of INDIAN OIL CORPORATION LTD. VERSUS COMMISSIONER OF C. EX.. PANCHKULA 2013 (1) TMI 526 - CESTAT, NEW DELHI , where it was held that the appellant has rightly paid the excise duty as per transaction value in terms of Section 4 of the Central Excise Act and there is no justification for allegation of under-valuation of the goods with a view to evade excise duty - appeal allowed - decided in favor of appellant.
Issues:
Dispute over valuation for payment of duty on Motor Spirit and High Speed Diesel cleared to other oil marketing companies at a different temperature compared to own depots. Analysis: The judgment involves a dispute regarding the valuation adopted for the payment of duty on two petroleum products, Motor Spirit, and High-Speed Diesel, cleared to other oil marketing companies at a different temperature compared to their own depots. The appellant cleared the products to its depots by paying duty at the specified rate per kilo liter for volumes at ambient temperature. However, for sales to other companies like HPCL and BPCL, they charged the same price per liter based on the notional volume of the products converted to the volume at 15°C. This resulted in a lesser price than what was charged to their own depots. The department alleged undervaluation, leading to a demand for differential duty, interest, and penalties. The appellant argued that the contracted prices with HPCL and BPCL were based on the volume at 15°C, ensuring no net loss of revenue. The Tribunal noted a similar dispute concerning the appellant's refinery at Ambala, which was decided in favor of the appellants by the Delhi Bench. The Tribunal analyzed Section 4(1) of the Central Excise Act, which states that the transaction value is the basis for calculating excise duty if the price is the sole consideration for the sale. In this case, the goods were cleared on payment of excise duty as per the price declared in the invoices, and there was no evidence of related parties or additional consideration beyond the sale price. Therefore, the Tribunal concluded that the appellant had correctly paid excise duty as per the transaction value, and there was no under-valuation to evade excise duty. The Tribunal also noted that the decision of the Delhi Bench had been affirmed by the Hon'ble High Court of Punjab and Haryana, leading to the setting aside of the impugned orders and allowing the appeals. In conclusion, the judgment resolved the dispute by upholding the appellant's method of valuation for payment of duty on petroleum products cleared to other companies based on the transaction value, as per Section 4(1) of the Central Excise Act. The decision highlighted the importance of considering the contractual terms and ensuring that the price declared in the invoices reflects the transaction value to avoid allegations of undervaluation and duty evasion.
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