TMI Blog2008 (8) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... P and IOCL - Held that: - There is no dispute that additional consideration which is paid by the oil marketing companies has been paid out of the subsidy from oil pool account and not received from ultimate consumers - appeal allowed - decided in favor of appellant. - 941-947/2006 - Final Order Nos. A/1535-1541/2008-WZB/AHD - Dated:- 6-8-2008 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Mur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s was fixed by the Government under the law, the ONGC has been paying Excise duty on these items on the sale price which is fixed under APM. In other words, ONGC is paying Excise duty on a value which is declared as assessable value, but this price is different from what they are collecting from their customers, namely HPCL, BPCL, IBP and IOCL. It is not disputed that ex-refinery price and ex-stor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er amendment of Section 4. Further, he also cited the decision of the Tribunal in the case of Mangalore Refinery and Petrochemicals Ltd. v. C.C.E., Mangalore - 2007 (78) RLT 508 (CESTAT-Ban) wherein the Larger Bench decision in the case of GAIL was followed. This judgment also is relating to the period subsequent to the amendment of Section 4. He has also cited the Circular issued by the Board No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mits that this Circular supports his view that even after amendment of Section 4 in the case of goods which are subjected to APM of the Govt. of India, the assessment practice will have to continue as they existed prior to amendment of Section. 3. Learned SDR Shri Sammer Chitkara on behalf of the Revenue submits that after amendment of Section 4, what is relevant is transaction value. It is not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 4. We have considered the arguments advanced by both sides in detail. We find that the issue already stands decided in the cases of Reliance Industries MRPL cited above by the Tribunal in favour of the parties and facts and circumstances are the same. There is no dispute that additional consideration which is paid by the oil marketing companies has been paid out of the subsidy from oil poo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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