TMI Blog2018 (2) TMI 1071X X X X Extracts X X X X X X X X Extracts X X X X ..... n for the earlier periods. Matter remanded to the original authority for de novo decision by working out the demand after granting the adjustments as per the Ministry of Finance, Department of Revenue's circular - appeal allowed by way of remand. - C/435/2007-DB, C/436/2007-DB - 22975-22976 / 2017 - Dated:- 8-12-2017 - SHRI S.S GARG, JUDICIAL MEMBER AND SHRI V. PADMANABHAN, TECHNICAL MEMBER Shri Kurian Thomas, Advocate, For the Appellant Shri Naveen Kushalappa, Dy. Commissioner (AR), For the Respondent Per : V. PADMANABHAN The appeal No.C/435/2007 is against the Order-in-Original No. 23-2006 dated 22/12/2006 and appeal No.C/436/2007 is against Order-in-Original No. 03-2007 dated 30/03/2007. The appellants have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delines were issued by the Department of Revenue, Ministry of Finance in the context of C AGs audit report No.17 of 2013. The gist of the clarification is reproduced below:- The Department of Revenue, Ministry of Finance, Government of India in the Action Taken Note on the above mentioned audit para has taken a view that the net quantity after adjusting the gain and loss on the quantity cleared from the Refinery to the quantity received at the terminals of the Oil Marketing Companies (OMCs) has to be considered for calculating the duty liability. Since the duty on the clearances during the entire month are to be paid by the 5th /6th of the following month, the net quantity received at the end of the OMCs based on the Joint Certifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the end of the OMCs. Because of the nature of the goods i.e. petroleum products, such variations are inevitable. We note that the Department of Revenue was seized of the matter and have issued guidelines to minimize the difficulties faced by the field formations in such assessment. The guidelines have allowed monthly adjustments between the quantities of excess receipt with the quantities of short receipt before the payment of duty on monthly basis. Even though this clarification is dated 14/02/2014, which is after the date of impugned order, we are of the view that the benefit of such monthly adjustments may be extended even for the earlier periods. In view of the above, we set aside the impugned orders and remand the matter to the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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