TMI Blog2000 (9) TMI 283X X X X Extracts X X X X X X X X Extracts X X X X ..... man, Advisor (Excise & Customs), for the Appellants. Shri P.K. Jain, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. - These appeals of M/s. Oil India Limited (O.I.L.) and Indian Oil Corporation Limited (I.O.C.) are directed against the same Order-in-Original No. 1/Commr./CH-27/C.E./2000 dated 1-2-2000 passed by the Commissioner, Central Excise, Shillong. In respect of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PG so extracted and marketed is required to be assessed duty at the prices fixed by the Oil Coordination Committee. Both sides also submit that this issue remains settled by the decision of the Larger Bench of this Tribunal in the case of GAIL, IOCL and ONGC vide Final Order Nos. 1528-1538/99-A dated 27-10-1999. In terms of that order, the duty liability depends upon the purpose for which the LPG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 11AC. The duty demand in the present case related to the period prior to enactment of Section 11AC. Therefore, this penalty cannot be sustained. The same is, therefore, set aside. With regard to penalty of Rs. 5 lacs on I.O.C., it is observed that I.O.C. was only marketing the goods in question and the sales and collection of duty were all in terms of prices fixed under the administrativ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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