2009 (3) TMI 139

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..... es. As per this rule, the assessable value shall be the price charged by the related person when the excisable goods are arranged to be sold through a related person - the appellants followed the above provisions and paid duty on clearances of HSD during the material period correctly - impugned demand arises from a wrong reading of the provisions - There is no legal sanction to demand duty from CP .....

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..... This is in accordance with the provisions contained in Section 4(1)(b) of the Act read with Rules 9 and 10(a) of the Central Excise Valuation Rules, 2000. During the period 16-3-2005 to 28-2-2007 CPCL charged a higher Refinery Transfer Price (RTP) from IOCL compared to the corresponding price at which the HSD was sold to unrelated buyers on several days. In the impugned order the Commissioner dema .....

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..... d both sides. On a careful consideration of the case records and the submissions by both sides we find that in terms of Rule 10(a) of the Valuation Rules, when the excisable goods are not sold except through an interconnected undertaking the value should be determined as per Rule 9 of the Valuation Rules. As per this rule, the assessable value shall be the price charged by the related person when .....

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