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

2016 (8) TMI 127 - PUNJAB & HARYANA HIGH COURT - 2016 (339) E.L.T. 9 (P & H) - 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 being of valuation of the excisable goods, the appeal before this Court is not maintainable. Accordingly, the appeal is dismissed as not maintainable. However, the appella .....

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ed at on the quantity of petroleum products at normal temperature room temperature 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 the Assessee raised preliminary objection regarding maintainability of the appeal before this Court. Referring to Section 35G and 35L of the Central Excise Act, 1944 (for s .....

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e issue is regarding quantum and volume of the goods. We have heard learned counsel 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 on Section 4(1) of the Central Excise Act, which is reproduced thus:- 4. VALUATION OF EXCISABLE GOODS FOR PURPOSES OF CHARGING OF DUTY OF EXCISE. - (1)Where under this Ac .....

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s may be prescribed. [Explanation. - For the removal of doubts, it is hereby declared 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 assessee in connection with the sale of such goods, and such price-cum-duty, excluding sales tax and other taxes, if any, actually paid, shall be deemed to include the duty .....

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