https://www.taxtmi.com/caselaws?id=772243 CESTAT Kolkata allowed the appeal against excise duty demand on petroleum products sold to OMCs. The tribunal held that Rule 4 of Valuation Rules, 2000 was incorrectly invoked as per SC precedent in Associated Cement Companies case, which required Rule 6 application where price is not sole consideration. However, Rule 6 was not invoked in the show-cause notice and was inapplicable as appellant received no additional consideration beyond transaction value. The tribunal found appellant had paid excess duty overall during the relevant period, making the demand unsustainable. Consequently, no duty, interest, or penalty was imposed, and the impugned order was set aside. en-us Thu, 01 May 2025 00:00:00 +0530 Thu, 05 Jun 2025 11:43:11 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=772243 CESTAT Kolkata allowed the appeal against excise duty demand on petroleum products sold to OMCs. The tribunal held that Rule 4 of Valuation Rules, 2000 was incorrectly invoked as per SC precedent in Associated Cement Companies case, which required Rule 6 application where price is not sole consideration. However, Rule 6 was not invoked in the show-cause notice and was inapplicable as appellant received no additional consideration beyond transaction value. The tribunal found appellant had paid excess duty overall during the relevant period, making the demand unsustainable. Consequently, no duty, interest, or penalty was imposed, and the impugned order was set aside. Case-Laws Central Excise Thu, 01 May 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=772243