2010 (8) TMI 551

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....llant. Smt. Sudha Koka, SDR, for the Respondent. [Order per : M.V. Ravindran, Member (J) (Oral)]. - This stay petition is filed for waiver of pre-deposit of the following amounts :- (i)      Duty : Rs. 61,78,554/- (ii)    Interest u/s 11AB of the C.E. Act, 1944 on the above amount (iii)   Penalty : Rs. 61,78,554 u/s 11AC of the C.....

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....h it is not an APM but a price fixed by Government and can be considered as APM for the clearance of LPG domestic usage. It is his submission that whenever LPG is cleared for industrial usage, they have paid Central Excise Duty as applicable, as per provisions of law and it is not in dispute. 5. The learned SDR, on the other hand, would submit that the valuation of LPG which is purchased b....

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....It is seen that the excise duty discharged by the assessee on the LPG cleared from such facility is on the price determined by Oil Coordination Committee. We also find that the CBEC's "Excise Manual of Supplementary Instructions" for purpose of valuation of petroleum products also indicates that the ex-storage price that are fixed by the Oil Coordination Committee, from time to time could be consi....