9911796707
TMI Blog2004 (9) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent. [Order per : S.L. Peeran, Member (J) (Oral)]. - The appellant's Company is a PSU unit. They have obtained clearance from the Committee of Secretaries to pursue the appeal. They are seeking stay of the operation of the Order-in-Original No. 6/2004 (RP), dated 16-3-2004 and stay of the recovery besides seeking waiver of pre-deposit of total duty amount confirmed to an extent of Rs. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dealers. In the case of dealers, the appellants charged the basic selling price, state surcharge; sliding and shunting charges; retail pump outlet charges; notional railway freight. In the case of sale to the Oil Companies, the price includes Import Parity Price, terminal charges and notional railway freight. In view of the different prices between the price of the dealers and the price of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utually interested with each other. 2. Heard Shri G. Shivadass, learned Advocate appearing for the appellants and Smt. Shoba L. Chary, learned JCDR appearing for the Revenue, in length. 3. On prima facie consideration, we find that the appellants have very strong case in their favour. The transaction has been entered into with the Oil Companies under an agreement and the sale is on dif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llector of Central Excise, Madras - 1995 (75) E.L.T. 449 (S.C.). We also note that the Commissioner of Central Excise, Mangalore by Order-in-Original No. 5/2004, dated 26-7-2004 has dropped the proceedings upholding the contention of the assessee in the matter. In view of the prima facie nature of the case being in favour of the assessee, we allow the stay application by granting waiver of pre-dep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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