9911796707
TMI Blog2013 (10) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... Marketing Division is only a stock-transfer and not sale and since the sale is affected from their Marketing Division in the transaction value with their customer, the ‘Terminalling Charges’ are included - mere ‘Terminalling Charges’ shown in the stock-transferred invoices would not itself attract excise duty, unless it is shown that the same are also recovered from the customers by their Marketing Division, but on which no duty has been paid by the Applicant - No evidences had been brought on record by the Revenue to rebut the claim of the Applicant, as made out by the Applicant in their reply to the show cause notice that the ‘Terminalling Charges’ are included in the transaction value at which the petroleum products are sold by their Ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vocate also submitted that excise duty at the Refinery Division against the stock-transferred goods had been paid by them on the basis of greatest aggregate quantity of sales made from their Marketing Division (Sales Depot) on the previous day. The ld. Advocate also submitted that since the aforesaid petroleum products were not sold from their Refinery Division, the place where it was manufactured, the assessable value was determined on the basis of Section 4(1)(b) of the Central Excise Act, 1944, read with Rule 7 of the Central Excise Valuation (Determination of Price of Excisable Goods) Rules, 2000. The Department had issued a notice demanding duty on these Terminalling Charges alleging that the transfer of petroleum products from the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Marketing Division, no duty is paid on Terminalling Charges . Further, he has submitted that the Adjudicating Authority has recorded reasoning that since transaction of the Applicant from Refinery to the Marketing Division did not represent the full commercial value, the elements of additional consideration by way of Terminalling Charges received by the Applicant from their Marketing Division, are liable to duty by adding the same to the assessable value of the goods. 4. We have carefully considered the submissions advanced by both sides and perused the record. The issue in the present case relates to determination of assessable value of stock-transferred petroleum products by the Applicant from the Refinery to their Marketing Division ..... X X X X Extracts X X X X X X X X Extracts X X X X
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