2005 (7) TMI 503

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..... mber (T)]. The issue involved in this appeal is whether duty is payable on the differential amount between the Actual Railway Freight (ARF) and the Notional Railway Freight (NRF) received by the appellants, M/s. HPCL from the Oil Co-ordination Committee (OCC). During the relevant period, the price of petroleum products was fixed by the Government of India under the regime of Administered Pri .....

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..... Equal penalty under Section 11AC was imposed. Interest under 11AB was demanded. Further a penalty of Rs. 6.18 Crores was imposed on the appellants under Rule 173Q of the Central Excise Rules, 1944. The appellants strongly challenge the impugned order. 2. Shri G. Shivadass, learned Advocate appeared for the appellants and Shri R.N. Viswanath, learned SDR appeared for the Revenue. 3. The learned .....

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..... dropped the proceedings by holding that the subsidy on account of difference in freight cannot be included in the assessable value. 4. The learned SDR fairly conceded that the issue is covered by the Board Circular dated 18-9-2000. 5. We have gone through the records of the case carefully. The issue of includability of the difference between actual freight and notional freight is covered by th .....

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