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2018 (7) TMI 990 - CESTAT CHENNAIAdjustment in respect of excess supplies - Excesses/shortage of goods - the receipt quantity did not match the despatched quantity from the refinery for various reasons - Department took the view that differential excise duty is required to be paid for the amount removed from the refinery but not received by the Oil Manufacturing Companies (OMCs) - Held that:- The issue stands decided in the case of BHARAT PETROLEUM CORPORATION LTD. VERSUS COMMISSIONER OF C. EX., KOCHI [2010 (7) TMI 961 - CESTAT BANGALORE], where it was held that The assessments made on invoices is final w.r.t. value and quantity. Assessee cannot make suo motu adjustments contrary to the assessment on the invoices. Right course for the assessee would have been to follow provisional assessment. Notwithstanding the discrepancy between quantities ascertained by the assessee and the buyer, then the transaction value would have been that as agreed mutually in a contract and paid by the OMC. Appeal dismissed - decided against appellant.
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