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TMI Blog2018 (12) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... ONER OF C. EX.. PANCHKULA [2013 (1) TMI 526 - CESTAT, NEW DELHI], where it was held that the appellant has rightly paid the excise duty as per transaction value in terms of Section 4 of the Central Excise Act and there is no justification for allegation of under-valuation of the goods with a view to evade excise duty Appeal allowed - decided in favor of appellant. - Appeal No. E/667/2009 - FO/A/77032/2018 - Dated:- 30-11-2018 - SHRI P. K. CHOUDHARY, JUDICIAL MEMBER And SHRI V. PADMANABHAN, MEMBER (TECHNICAL) Shri Romi Agarwal, Asstt. Manager for the Appellant Shri S.S. Chattopadhyay, Suptd.(AR) for the Respondent. ORDER Per Bench : The present appeal is against Order-in-Original No.19/MP/Auukt/2009 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , he submitted that the contracted price with BPCL and HPCL were based on the volume at 15 C. He pointed out that the price of the petroleum products contracted with BPCL and HPCL (at 15 C) was more per kilo liter than the price adopted for sale at natural temperature through their depots. Accordingly, he submitted that there will be no net loss of revenue. 4. Ld. Advocate also submitted that the identical dispute in respect of the appellant s refinery at Ambala had came up before the Delhi Bench of the Tribunal and was decided in their favour by Final Order No.967-969/2012-EX dated 13.08.2012. He further submitted that the above decision of the Tribunal has been affirmed by the Hon ble High Court of Punjab and Haryana vide their Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on payment of exice duty calculated on transaction value of goods supplied at 15 C. 7. Thus only question for determination is whether or not by converting the actual volume of oil at room temperature to notional volume at 15 C for the purpose of fixing the price to be charged by other oil manufacturing companies amounts to undervaluing the product to evade excise duty? 8. In order to find answer to the above question, it would be useful to have a look on Section 4(1) of the Central Excise Act, which is reproduced thus:- 4. VALUATION OF EXCISABLE GOODS FOR PURPOSES OF CHARGING OF DUTY OF EXCISE. (1) Where under this Act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e consideration for sale or the appellant/assesee has received any other additional consideration apart from the declared sale price. Thus, in our considered view, the appellant has rightly paid the excise duty as per transaction value in terms of Section 4 of the Central Excise Act and there is no justification for allegation of under-valuation of the goods with a view to evade excise duty. 8. It is further seen that the above decision of the Tribunal has been affirmed by the Hon ble High Court of Punjab and Haryana at Chandigarh. In view of the above, we are of the view that the impugned order is not sustainable. Hence, it is set aside and the appeal is allowed. (Order Portion have already been Pronounced in the Open Court) - - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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