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2017 (11) TMI 600 - CESTAT MUMBAIValuation - SKO(PDS) - whether duty payable on SKO(PDS) should be on the retail sale price fixed by the government/OCC under administered price mechanism or on the value recovered from oil marketing companies during the disputed period? - extended period of limitation - Held that: - issue involved in the present case is identical to the issue which was referred to Larger bench as per the Larger bench judgment in case of ONGC [2015 (11) TMI 1038 - CESTAT MUMBAI (LB)], the assesse has to discharge the excise duty on the transaction value which is collected from oil marketing company by issuing commercial invoice, therefore in view of the said decision this issue is no longer res integra. Extended period of limitation - Held that: - issue involved was of interpretation of law and there are contrary decision on the issue - also, in case of government undertaking unit malafide intentions cannot be attributed to the assessee - extended period not invokable. Appeal allowed - decided in favor of appellant.
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