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Commissioner Central Excise Commissionerate, Panchkula Versus M/s Indian Oil Corporation, Ambala

2016 (8) TMI 127 - PUNJAB & HARYANA HIGH COURT

Valuation - petroleum products - difference in quantity of petroleum products at normal temperature room temperature converted to the notional temperature of 15 degree temperature - Held that:- Considering the aforesaid facts, in our view, the issue .....

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Court. - Decided against the revenue. - CEA No. 61 of 2013 (O&M) - Dated:- 21-7-2016 - Rajesh Bindal And Lisa Gill, JJ. Mr. Amit Goyal, Advocate for the appellant Mr. Jagmohan Bansal, Advocate for the respondent ORDER Rajesh Bindal , J. The present a .....

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ure converted to the notional temperature of 15 degree temperature amounts to short payment of duty, and the method adopted for payment of duty, is in accordance with the provisions of the Central Excise Law? At the very outset, learned counsel for t .....

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f the excisable goods, the appeal before this Court is not maintainable. He further submitted that in the impugned order the Tribunal referred to the provisions of Section 4(1) of the Act, which provides for valuation of excisable goods for the purpo .....

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nsel for the parties and gone through the file. The Tribunal considered the issue and recorded observations in para 8 and 9 thereof, which are extracted hereinbelow:- 8. In order to find answer to the above question, it would be useful to have a look .....

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eir value, then, on each removal of the goods, such value shall - (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of the goods are not related and the price is the .....

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clared that the price-cum-duty of the excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money value of the additional consideration, if any, flowing directly or indirectly from the buyer to the as .....

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the purpose of calculating the excise duty chargeable, the price charged if it is sole consideration for the sale, would be the transaction value. Admittedly, in the instant appeals, the goods have been cleared on payment of excise duty as per the pr .....

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