2009 (5) TMI 793 - AT - Central Excise

Tribunal rules in favor of applicant in duty payment dispute, cites transaction value over facility withdrawal value

The Tribunal ruled in favor of the applicant in a dispute over duty payment on warehoused petroleum products following the withdrawal of the warehousing ... Stay/Dispensation of pre-deposit - Valuation Issues:Interpretation of duty payment on warehoused petroleum products after withdrawal of warehousing facility.Analysis:The case involved a dispute regarding the duty payment on petroleum products that were warehoused until the facility was withdrawn by the Government. The Revenue contended that duty should have been paid based on the value prevailing at midnight on the day the facility was withdrawn. However, the applicant had paid duty based on the Transaction Value. The Tribunal noted that a similar issue had been examined in a previous order passed in favor of the assessee by the Commissioner (Appeals). Additionally, reference was made to a circular clarifying that the value for petroleum products cleared after a certain date should be determined under specific provisions. The Tribunal found no merit in the demand made by the Revenue and ordered a waiver of the pre-deposit of the sums demanded in the impugned order. It was further directed that no coercive measures should be taken by Revenue until the appeal was disposed of, and the stay order would continue even after 180 days.This judgment highlights the importance of correctly interpreting legal provisions and circulars in determining duty payments for goods, especially in cases where there is ambiguity or conflicting interpretations. The Tribunal's decision to waive the pre-deposit and continue the stay order emphasizes the need for a fair and thorough examination of the facts and legal framework involved in such disputes.