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2016 (10) TMI 568 - CESTAT BANGALOREValuation - transaction value u/s 4(1)(a) of the Act - place of removal - delivery charges and transportation cost beyond the place of removal includible in the assessable value or not - whether the petroleum products cleared from warehouse to Company Owned Company Operated Outlets (COCOO) are to be valued in terms of Section 4(1)(b) of the Central Excise Act, 1944 read with Rule 7 of the Central Excise Valuation Rules? - Held that: - the decision in the case of CCE, Viskahapatnam vs. BPCL [2012 (12) TMI 471 - CESTAT, Bangalore] relied upon where it was held that valuation based at the time of removal of petroleum products from installation is only material for charging duty of Central Excise, subsequent sale from COCOO being immaterial. CESTAT, Bangalore has given the meaning of place of removal for the period prior to 14.5.2003. The case in hand is for the period March 1999 to November 2001, which is prior to 14.5.2003, for which old definition of place of removal is relevant. For the period prior to 14.5.2003, the place of removal did not include the premises like COCOO. The price charged by these outlets from the ultimate buyer, therefore, cannot be included in the transaction value for arriving at the duty of Central Excise for the subject goods. Appeal allowed - decided in favor of appellant.
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