2008 (8) TMI 890

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e which is declared as assessable value, but this price is different from what they are collecting from their customers, namely HPCL, BPCL, IBP and IOCL - Held that: - There is no dispute that additional consideration which is paid by the oil marketing companies has been paid out of the subsidy from oil pool account and not received from ultimate consumers - appeal allowed - decided in favor of ap .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nder APM. Since the sale price of these products was fixed by the Government under the law, the ONGC has been paying Excise duty on these items on the sale price which is fixed under APM. In other words, ONGC is paying Excise duty on a value which is declared as assessable value, but this price is different from what they are collecting from their customers, namely HPCL, BPCL, IBP and IOCL. It is .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and has held that the same is applicable even after amendment of Section 4. Further, he also cited the decision of the Tribunal in the case of Mangalore Refinery and Petrochemicals Ltd. v. C.C.E., Mangalore - 2007 (78) RLT 508 (CESTAT-Ban) wherein the Larger Bench decision in the case of GAIL was followed. This judgment also is relating to the period subsequent to the amendment of Section 4. He h .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... sessable values and claim refund later on." He submits that this Circular supports his view that even after amendment of Section 4 in the case of goods which are subjected to APM of the Govt. of India, the assessment practice will have to continue as they existed prior to amendment of Section. 3. Learned SDR Shri Sammer Chitkara on behalf of the Revenue submits that after amendment of Secti .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t is received under the policy of Govt. is not relevant. 4. We have considered the arguments advanced by both sides in detail. We find that the issue already stands decided in the cases of Reliance Industries & MRPL cited above by the Tribunal in favour of the parties and facts and circumstances are the same. There is no dispute that additional consideration which is paid by the oil marketin .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X