2006 (6) TMI 276

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....party. The demand of duty is in respect of Motor Spirit (MS) and High Speed Diesel oil (HSD oil) sold from the appellants' installation (warehouse) to dealers as also the products transferred from the warehouse to the appellants' own retail outlet (hereinafter referred to as "COCO" bunk). Of the aforesaid demand of duty, Rs.90.79 lakhs is on account of inclusion of delivery charges (equalized) in the assessable value of the goods sold to dealers from the warehouse. In respect of this part of the demand of duty, the appellants have made out prima facie case on the strength of the following decisions of the Tribunal :- (1)     Apollo Tyres Ltd. v. CCE, Cochin, 2003 (160) E.L.T. 836 (Tribunal) = 2003 (57) RLT 163 (CEGAT- B....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....essable value is the same irrespective of whether the administered petroleum products are sold at the refineries or through the marketing companies." However, it is conceded that, after the abolition of the administered pricing mechanism (w.e.f. 1-4-2002), the assessable value of the petroleum products sold from the "COCO" bunk would be based on the transaction value. The amount of duty demanded on this count is said to be Rs. 4.83 lakhs. 2. Ld. SDR has contested the assessee's claim with regard to the demand of duty raised on the petroleum products sold at the "COCO" bunk during the period of dispute, particularly, prior to 1-4-2002. It is submitted that, the goods were stock-transferred from the warehouse to the "COCO" bunk and sol....