2017 (8) TMI 1157

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....e Central Excise Tariff Act, 1985. Appellant, operating under warehousing provisions, stock transfers petroleum products like High Speed Diesel Oil (HSD) and Motor Spirit (MS) to their Depots at Renigunta, Neyveli and Pondicherry. The actual sale to the customers takes place from these depots by adopting the assessable value prevailing from time to time with reference to their rate circular received from their Head Office. In the present case, duty structure of MS and HSD was revised on 01.03.2001 and 12.01.2002 as below: PRODUCT : MS Duty Structure Duty Structure Prior to After Prior to After 01.03.2001 01.03.2001 12.01.2002 12.01.2002 BED 16% 16% 16% 16% SED ------ 16% 16% 74% AED Rs. 1000/kl 1000/kl 1000/kl 1000/kl....

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..... Muthuvenkatraman, Ld. Advocate as well as Shri S. Nagalingam, D.R. 4. Ld. Counsel submitted that the products under consideration i.e. Motor Spirit (MS) and High Speed Diesel Oil (HSD) were covered under the Administrative Pricing Control Mechanism of Govt. of India during the period under consideration. The appellant had no control over the price changes and were collecting the price including central excise duty. He further submitted that no differential duty of excise can be demanded on the stocks held by the depots under Section 11D from Korukkupet terminal since the amount indicated in the invoice was cum duty price; that no differential duty of excise can be demanded on the stocks held by the depots without substantiating (a) the s....

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....AED Rs. 1000/kl 1000/kl 1000/kl 1000/kl The Oil Coordination Committee has revised the administrative price of MS and HSD, to take into account the increased duties as above. Hence in respect of stocks lying in the depots on 1.3.2001 and 12.1.2002 and sold thereafter, it is evident that the appellant has recovered extra amounts attributable to increased excise duty which are liable to be paid to the government in terms of provisions of Section 11D. The appellant has argued that the depots which have collected the price of MS and HSD inclusive of excess amount of excise duty, are not persons liable to pay duty. However, we find that the demand of duty is not from depots but from Korukkupet terminal who have stock transferred the petroleu....