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2017 (1) TMI 1694 - AT - Central ExciseValuation - clearance of petroleum products to its own retail outlet - inclusion of dealer commission in the assessable value - HELD THAT:- It is a clear fact on record as stated by the respondent and also verifiable to the extent that the retail outlets belongs to the respondents, which had made sale of the petroleum products cleared by M/s. Indian Oil Corporation. There being no presumption in tax, the presumptive taxation by Revenue on the ground that there was charge commission from the dealer is unwarranted. M/s. Indian Oil Corporation has its own retail outlet without being such outlet given to any dealer for retail sale. The elementary jurisprudence being no one trades with himself, there is no question arise of any commission when the respondent cleared its goods to its own outlets. Appeal dismissed- decided against Revenue.
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