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2018 (2) TMI 1495 - AT - Central ExciseValuation - sale of petroleum products through dealers - appellant retains the benefit of discount/commission offered to the dealers - whether the appellant needs to be saddled with the additional duty liability in resection of the in petroleum products cleared to company owned and company operated (COCO) outlets during the period April 2002 to September 2004? Held that: - It is undisputed that when the goods are cleared to outlets operated by the dealers, the assessable value is worked out by deducting the discounts/commission offered to the dealers - the appellant had discharged more excise duty on the clearances to and from COCO outlet, wherein the assessable value is more than the assessable value of the petroleum products cleared to dealers (certified by Chartered Accountants), which implies that the commission which has been extended to dealers has been included in the value. It can be assumed that the retention of dealers commission as challenged by the Revenue is already taken care of while discharging the duty liability on the higher assessable value on petroleum goods cleared to and from COCO outlets and cannot have effect of the exchequer, it can be seen that net excise duty paid on the net petroleum products cleared to COCO outlets is more than the duty paid on tine clearances to dealers outlets. Demand upheld - penalty not warranted - appeal allowed in part.
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