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2017 (8) TMI 15 - AT - Central ExciseValuation - petroleum products - The case of the Department is that transfer from warehouse to COCO does not involve any sale and the sale transaction arises only from the COCO - whether the petroleum products cleared from warehouse to company owned and company operated outlets are to be valued in terms of Section 4(1)(b) of the CEA, 1944 read with Rule 7 of the Central Excise Valuation Rules? - Held that: - this issue has been settled in favour of the respondent by various decisions of the Tribunal specifically, in the case of BPCL [2007 (8) TMI 137 - CESTAT, BANGALORE], where it was held that Appellant PSU unit had removed goods to their sales outlets under Administrative Pricing Mechanism but revenue rejected the same and demand raised by applying Section 4(4)(b)(iii) of CEA,1944 and Section 4(1)(b)ibid in two distinct period for valuation purpose - appeal dismissed - decided against Revenue.
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