2016 (8) TMI 127

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....or the appellant Mr. Jagmohan Bansal, Advocate for the respondent ORDER Rajesh Bindal , J. The present appeal filed by the Revenue was admitted for consideration of the following substantial question of law:- i) Whether the Central Excise Duty paid on transaction value arrived at on the quantity of petroleum products at normal temperature room temperature converted to the noti....

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....for the appellant submitted that the issue raised in the present appeal is not regarding valuation. The issue is regarding quantum and volume of the goods. We have heard learned counsel for the parties and gone through the file. The Tribunal considered the issue and recorded observations in para 8 and 9 thereof, which are extracted hereinbelow:- 8. In order to find answer to the abo....

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....moval of doubts, it is hereby declared that the price-cum-duty of the excisable goods sold by the assessee shall be the price actually paid to him for the goods sold and the money value of the additional consideration, if any, flowing directly or indirectly from the buyer to the assessee in connection with the sale of such goods, and such price-cum-duty, excluding sales tax and other taxes, if any....

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....in our considered view, the appellant has rightly paid the excise duty as per transaction value in terms of Section 4 of the Central Excise Act and there is no justification for allegation of under-valuation of the goods with a view to evade excise duty. A perusal of the aforesaid paragraphs recorded by the Tribunal shows that the issue was considered in the light of provisions of Section 4 of ....