Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2023 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 258 - AT - Central ExciseValuation - price based on Import Parity Price can be expected as a transaction value for indigenously manufactured petroleum product or not - Place of sale or delivery was factory i.e. refinery gate and not depot of OCMs - respondent sold to OOMCs refinery gate adopting IPP as transaction value under Section 4(1)(a) of CEA - HELD THAT:- Though this Tribunal ordered for sine die adjournment but on pointing out by the learned counsel for respondent, it is found that firstly the appeal is of 2005, the issue is settled as of now by various decisions of the Tribunal. Though the revenue’s appeals are pending before the Hon’ble Supreme Court but in none of the appeal there is any stay. In this position, the wheel of justice should not stop, accordingly we take up this appeal for disposal. As of now the issue is no longer res integra as in the majority of decisions cited by the respondent, it has been held that even though there is a difference of price between sale made through OMC on depot and in case of sale made to OMC even though at lower price, the same has been held under Section 4(1)(a) as transaction value and the demand of duty has been dropped. Though the revenue is in appeal before the Hon’ble Supreme Court but no stay has been obtained as per available records. There is no infirmity in the impugned order hence, the same is upheld, revenue’s appeal is dismissed.
|