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TMI Blog2018 (11) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... introduction of changes in Section 4 of Central Excise Act, 1944 - the imposition of penalty on the appellant in this case is not justified and is set aside. Appeal allowed in part. - Ex.Appeal No.100/07 - FO/A/76728/2018 - Dated:- 3-10-2018 - SHRI V. PADMANABHAN, MEMBER (TECHNICAL) AND SHRI S. K. PATI, MEMBER (JUDICIAL) Shri Chandan Kumar, DGM (Finance), for the Appellant (s) Shri A. Roy, Supdt. (AR) for the Revenue ORDER Per Shri V.Padmanabhan : At the outset, Shri Chandan Kumar, ld.DGM (Finance) appearing on behalf of M/s I.O.C.L., has brought to our notice that the present appeal is pending from 2007. He has also brought to the notice of the Bench that the reason for pendency of this appeal was on account o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order, the present appeal has been filed. 3. Shri Chandan Kumar, ld. DGM (Finance) who represented the Appellant submits that the price at which duty has been paid by the Appellant i.e at ZAVL, is not a price which is decided either by the Appellant or by the OMCs, who have received the goods. He submitted that these prices were dictated by the Government and hence, it cannot be alleged that the Appellant paid the duty at artificially depressed price. 4. The ld.D.R. for the Revenue, has justified the impugned order. He submitted that the issue involved has been decided by the Larger Bench of this Tribunal in the case of ONG Ltd. Vs. CCEx., Raigad reported in 2015-TIOL-1960-CESTAT-Mum-LB. The Larger Bench decided that after the amendme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to discharge duty on transaction value, which is collected from OMCs. 8. After carefully considering the decision of the Larger Bench, we are of the view Larger Bench decision will be applicable to the present case also inasmuch as the appellant has received consideration from other OMCs as per ZTVL and will be liable to discharge Central Excise duty on the transaction value received by them from other OMCs. However, we note that the concept of transaction value was introduced with the amendment to Section 4 of the Act w.e.f.01.07.2000, the new Central Excise Valuation Rules, 2000, were also notified at the relevant time. The explanation to the relevant changes were circulated vide Circular F.No.354/81/2000-TRU dated 30.06.2000. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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