2009 (9) TMI 497

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....lants are engaged in warehousing and marketing of petroleum products like SKO, ATF & Furnace oil etc. falling under Ch. 27 of the Central Excise Tariff Act, 1985. Petroleum products like Motor spirit and HSD are sold to the consumers through the retail pump outlets operated by the retail dealers who purchase products from the oil Marketing companies and resell to the consumers. The appellants also have company operated outlets through which MS and HSD are marketed. The appellants are clearing the said products on stock transfer basis to company owned and company operated outlets (COCO) on payment of duty on exterminal prices. Since the clearances to COCOs from the ware houses do not fall under clause (a) of sub-section (1) of Section 4 of C....

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...., the appellant filed an appeal before the Commissioner (Appeals) who also upheld the Order-in-Original subject to modification of redemption fine and penalty. Hence this appeal. 3. The learned Counsel submits that the issue involved is regarding value of the products manufactured and cleared by the appellants from the refinery to the Company's party. It is the submission that duty has been discharged on the price fixed by APM. The department alleged that the appellant had cleared the goods without determining the correct transaction value by not adopting the price prevalent at the Company Owned and Company Operated Outlets (COCO). It is the submission that the issue is no longer res-integra in view of decision of this Bench in the case ....