TMI Blog2018 (2) TMI 1495X X X X Extracts X X X X X X X X Extracts X X X X ..... ged more excise duty on the clearances to and from COCO outlet, wherein the assessable value is more than the assessable value of the petroleum products cleared to dealers (certified by Chartered Accountants), which implies that the commission which has been extended to dealers has been included in the value. It can be assumed that the retention of dealers commission as challenged by the Revenue is already taken care of while discharging the duty liability on the higher assessable value on petroleum goods cleared to and from COCO outlets and cannot have effect of the exchequer, it can be seen that net excise duty paid on the net petroleum products cleared to COCO outlets is more than the duty paid on tine clearances to dealers outlets. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the contentions raised and confirmed the demand along with interest and imposed equivalent amount of penalty. Aggrieved by such an order, an appeal was preferred to the 1 st Appellate Authority who concurred with the views of the adjudicating authority and rejected the appeal. 3. Learned counsel submits that appellant is not contesting the demand of the differential duty liability for the period April and May 2002 and have discharged the same along with interest. As regards the differential duty demanded for the period June 2002 to September 2004, he draws our attention to a classic case of valuation done in respect of petroleum products cleared for the month of August 2002 and certified by the Chartered Accountant and submits that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... new facts or grounds have been produced by the Appellants in support of their claim. From June 2002 to September 2004, they can produce as many invoices as possible to prove their claim, but did not do so even after their claim was rejected on facts at two stages. Hence, it is prayed that the appeal tiled by the Appellant may be on, merits. 5. On a careful consideration of the submissions made, we find that the issue that falls for consideration is whether there is under-valuation of the goods cleared to and from COCO outlets or otherwise. 6. It is undisputed that when the goods are cleared ta cutlets operated by the dealers, the assessable value is worked out by deducting the discounts/commission offered to the dealers. The e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the above reproduced statements that the appellant had discharged more excise duty on the clearances to and from COCO outlet, wherein the assessable value is more than the assessable value of the petroleum products cleared to dealers (certified by Chartered Accountants), which implies that the commission which has been extended to dealers has been included in the value. Hence it can be assumed that the retention of dealers commission a challenged by the Revenue is already taken care of while discharging the duty liability on the higher assessable value on petroleum goods cleared to and from COCO outlets and cannot have effect of the exchequer, it can be seen that net excise duty paid on the net petroleum products cleared to COCO outlet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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