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TMI Blog2024 (7) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... ELD THAT:- It is agreed that at the time of clearance of coal from the respondent s premises, the grade of coal was not known and the same is to be done at the end of DVC as per the joint venture agreement and after arriving at the grading of the coal by DVC, M/s Coal India Limited has fixed the price and on that price, the duty is payable by the respondent - Admittedly, at the time of clearance o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal assessment under Rule 7 of the Central Excise Rules, 2002. 2. The facts of the case are that the respondent filed an application for provisional assessment under Rule 7 of the Central Excise Rules, 2002 as they were unable to determine the grade of their coal. Consequently, the value and the amount of duty on sale of coal at the time and place of removal of their products as leviable in terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom DVC captive mines to DVC power station as detailed in terms and condition under the head Price in the Article 6 of the joint venture agreement dated 13.04.2005 and the gradation of coal which plays the vital role in the determination of value should also be done at the place and time of removal for arriving at the value as per M/s Coal India Limited. 2.1 Aggrieved from such order, the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llant-Revenue and the ld.Counsel for the respondent. 5. We find that it is agreed that at the time of clearance of coal from the respondent s premises, the grade of coal was not known and the same is to be done at the end of DVC as per the joint venture agreement and after arriving at the grading of the coal by DVC, M/s Coal India Limited has fixed the price and on that price, the duty is payable ..... X X X X Extracts X X X X X X X X Extracts X X X X
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