1999 (10) TMI 83 - AT - Central Excise

Summary

Issues Involved:
1. Waiver of pre-deposit for entertaining appeals.
2. Proper valuation of LPG for excise duty purposes.
3. Compliance with Supreme Court directives regarding dispute resolution by the High Power Committee.
4. Clarification from the Ministry of Petroleum and Natural Gas on LPG valuation.

Issue-wise Detailed Analysis:

1. Waiver of Pre-deposit for Entertaining Appeals:
Applications were filed seeking a stay on the operation of the impugned orders and for dispensing with the condition of pre-deposit for entertaining the appeals. The Tribunal, after hearing the arguments, was convinced that the appellants should not be required to deposit any amount as a pre-condition for maintaining their appeals. Consequently, the applications to waive the pre-deposit were allowed.

2. Proper Valuation of LPG for Excise Duty Purposes:
The appellants, comprising three Public Sector Undertakings, were involved in the bulk removal of LPG, which was then bottled and sold to domestic consumers. The dispute arose from the audit party's objection to the valuation of LPG at the lower price fixed for "LPG - packed domestic" instead of the higher price fixed for "LPG Bulk." The appellants argued that the assessable value should be the one fixed by the Oil Co-ordination Committee (OCC) for "LPG packed domestic" for LPG cleared in bulk for domestic packing in cylinders. The Tribunal noted that the OCC had fixed prices based on the end-user and not the form of transfer. The Tribunal concluded that the assessable value of LPG cleared in bulk for domestic consumption should be assessed at the lower value fixed by the OCC for that category, aligning with the policy statement made by the Finance Minister in Parliament.

3. Compliance with Supreme Court Directives Regarding Dispute Resolution by the High Power Committee:
The Tribunal highlighted the Supreme Court's directive in Oil and Natural Gas Commission v. Collector of Central Excise, which mandated the formation of a High Power Committee to resolve disputes between government ministries and public sector undertakings. The Tribunal criticized the High Power Committee for not making any genuine attempt to resolve the dispute and merely permitting the appellants to pursue the appeals in the Tribunal. The Tribunal emphasized that the Committee should have endeavored to resolve the matter and provided reasons if it was unable to do so.

4. Clarification from the Ministry of Petroleum and Natural Gas on LPG Valuation:
The Tribunal referred to a clarification issued by the Ministry of Petroleum and Natural Gas, which stated that when LPG is removed in bulk for bottling, the assessable value for excise duty should be based on the selling prices applicable for the intended sale from such bottling. This clarification supported the appellants' contention and was in line with the Tribunal's view that the assessable value should be based on the end-user price fixed by the OCC.

Conclusion:
The Tribunal allowed all the appeals, holding that the appellants had correctly paid excise duty on LPG removed in bulk for domestic consumption as per the price fixed by the OCC for that category. The contrary view taken by the adjudicating officers was deemed illegal and unsustainable. The orders impugned in the appeals were set aside, and the appellants were granted consequential relief.