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TMI Blog2018 (12) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... eal allowed - decided in favor of appellant. - Appeal Nos. E/96/2009 & E/624-625/2011 - FO/77073-77075/2018 - Dated:- 6-12-2018 - Shri P. K. Choudhary, Judicial Member And Shri V. Padmanabhan, Member (Technical) Shri Bimalendu Biswas, GM(Finance) Shri Hemant Karnani, Asstt. Manager (Finance) for the Appellants. Shri A.K. Biswas, Suptd. (AR) for the Respondent. ORDER Per Bench: The present appeals are against Order-in-Original No.27- 28/MP/Commissioner/2008 dated 28.11.2008 and Order-in-Original No.30- 31/MP/Commissioner/2011 dated 31.03.2011. The appellants are engaged in the manufacture of various petroleum products at Barauni. The dispute pertains to Motor Spirit and High Speed Diesel cleared from Baraui ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roleum 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 Excise Appeal No.61/2013 dated 21.07.2016. He prayed that the present appeal may also be allowed following the above decision of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 removal of the goods, such value shall- (a) in a case where the goods are sold by the assessee, for delivery at the time and place ..... X X X X Extracts X X X X X X X X Extracts X X X X
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