TaxTMI 
TaxTMI 
2017 (11) TMI 1289
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..... Appellant's warehouse at Manglia (Indore) was registered as a bonded warehouse under Rule 20 of the Excise Rules, for storage of petroleum products (Motor Spirit, High Speed Diesel, etc.) and clearance thereof on payment of duty. 2. From the Manglia (Indore) bonded warehouse, Appellant makes the following two types of clearances: i. Sale to other Oil Making Companies (OMCs); & ii. Stock transfer to their own depots. iii. In relation to sale of goods to other Oil Making Companies -such sales were made on ex-warehouse basis. However, on the request of the Oil Marketing Companies, Appellant arranged transportation of the goods to the place of delivery. Appellant discharged duty on the transaction value for sale of the goods charged on....
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....ty for verification of certain facts but the Adjudicating Authority, without doing the same, has passed the impugned order, simply upholding the duty demand. 5. The Ld. Counsel submitted that the clearances to other OMCs were made on payment of duty at the transaction value. By way of facility to the buyers, the appellant has arranged to send the finished products and separately got the freight charges reimbursed. He submitted that there is no justification to include such freight charges in the transaction value. 6. With reference to the goods cleared from the warehouse and sold from the depot, he submitted that the freight element up to the depot already stands included and duty has been paid at the depot price while clearing from the w....
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....arances to OMCs. 9. Next we turn to the goods sold from the depot. Such clearances are required to be valued in terms of Rule 7 of the Central Excise Valuation Rule. For ready reference rule is reproduced below: Rule 7. Where the excisable goods are not sold by the assessee at the time and place of removal but are transferred to a depot, premises of a consignment agent or any other place or premises (hereinafter referred to as " such other place") from where the excisable goods are to be sold after their clearance from the place of removal and where the assessee and the buyer of the said goods are not related and the price is the sole consideration for the sale, the value shall be the normal transaction value of such goods sold from such....