9911796707
TMI Blog2004 (3) TMI 530X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri A. Shukla, SDR, for the Respondent. [Order per : Jyoti Balasundaram, Member (J)]. - The above appeals arise out of two separate orders of the Commissioner of Central Excise, Mumbai involving a common issue and are hence taken up for hearing together and disposed of by this common order. 2. The appellants herein produced crude oil and paid cess leviable thereupon as per the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o despatched and not paid on about 1% of the crude oil despatched. Show cause notices were issued proposing recovery of cess and proposing penal action. The notices were adjudicated by the Commissioner by two separate orders (details of the notices and the demands and penalties are contained in the Annexure). Hence these appeals. 3. We have heard both sides. As per Section 2(e) of the Oil In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y after crude oil was received in the refinery and allowed to settle down and appropriate cess was paid on the certification by the receiving refinery of the quantity of crude oil received, while in the case of supply through containers - an open system - crude oil will contain some residual water and foreign substance and therefore an average water factor was applied to arrive at the quantity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eals.
ANNEXURE
S. No.
Appeal No.
Show Cause Notice
Period
Duty Amount
Penalty
1.
9-12-1997
April to Sept. 1997
1,04,44,944/-
E/3168/ 1998
12-2-1998
Jan. 1993 to March, 1997
10,45,57,073/-
11,90,09,738/-
Oct. 1997 to 20-12-1997
40,07,721/-
2.
E/4175/ 1998-Bom.
21-12-1997 to March, 1998
46,99,085/-
46,99,085/- X X X X Extracts X X X X X X X X Extracts X X X X
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