9911796707
TMI Blog2004 (5) TMI 435X X X X Extracts X X X X X X X X Extracts X X X X ..... t had re-fixed the prices for the different period assessable value were to be re-determined. The duty demands worked out as per revised Assessable value due to re-fixation of the prices by Ministry of Petroleum have been discharged. The ld. Sr. Advocate does not press on merits of the demand of duty so made paid except that they had sold the products on actual basis of price of Rs. 3,300/- P.M.T. during the said period no amounts in excess thereof have been received/recovered from the buyers. The delay, if any, in discharge of the duty at prices fixed by the Ministry of Petroleum is due to late receipt of the re-fixation decision. After receipt of the decision no delay on part of ONGC, his clients in discharging the liabilities of du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies Date of Notice Period Amounts in Rs. (i) 5-4-1999 4/94 to 12/98 88,11,86,469/- (ii) 9-6-1998 1/99 to 5/99 8,24,82,373/- (iii) 15-10-1999 6/99 to 9/99 5,73,67,945/- (iv) 22-3-2000 10/99 to 1/2000 1,73,13,241/- (v) 16-11-1998 5/98 to 10/98 1,33,76,269/- The Commissioner has adjudicated all the notices by the order now impugned. Confirmed the demand of duty as per on notices at S. No. II to V above after dropping the bulk of the demand of Rs. 88 crores as per notice at S. No. I above. A penalty of Rs. 15,22,57,210/- equivalent to the demand of duty arrived was imposed under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... troleum fixed, even have the conduct to have paid the differential duty without any demur on receipt of higher price fixation/intimations/approval of Ministry of Petroleum would surely be a conduct by this Public Sector Commission following the Ministry of Petroleum price fixations which cannot be considered to be a deliberate attempt to short pay duty to call for a visit of the onerous penalty under Section 11AC. Their attempts to get the prices raised then pay duty demands at such higher prices is to be looked at attempts to free commercial realities. Their inability and for non-disclosure of attempt to get prices re-fixed from the controlling Ministry, as arrived by Commissioner cannot be a cause for penalty. There was no requirement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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