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2018 (12) TMI 423 - AT - Central ExciseValuation - Motor Spirit - High Speed Diesel - appellant paid duty on the quantity of goods cleared and sold through their own depots, on the basis of the price per kilo liter for volume at ambient temperature - Since the volume of goods at 15°C will be lesser than the volume of the same products at ambient temperature, the department proceeded by taking the view that the appellant has short paid the duty. Held that:- An identical dispute pertaining to the appellant’s refinery at Ambala was before the Delhi Bench of the Tribunal and has been decided in favor of the appellants in INDIAN OIL CORPORATION LTD. VERSUS COMMISSIONER OF C. EX.. PANCHKULA [2013 (1) TMI 526 - CESTAT, NEW DELHI], where it was held that the appellant has rightly paid the excise duty as per transaction value in terms of Section 4 of the Central Excise Act and there is no justification for allegation of under-valuation of the goods with a view to evade excise duty Appeal allowed - decided in favor of appellant.
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