2018 (9) TMI 1002

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....g the course of hearing, Shri Mohammed Ibrahim, advocate appeared for the assessee-appellant and Shri Pakshirajan, DR appeared for the Revenue. We have heard both the parties, perused the appeal record and have gone through various case-laws referred to during the course of arguments. 3. Brief facts that are relevant are that the appellant is engaged in refining and marketing of petroleum products, is permitted to receive and store imported customs duty paid petroleum products for release later on, on payment of appropriate customs duty on the transaction value. The appellant also receives non-duty paid excise stocks at their terminal which is stored in the same tank as the duty paid customs stock, pursuant to the mixed bonding permissio....

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....CCE, Kandla f. Hindustan Petroleum Corporation Ltd. Vs. CCE, Kandla - 2007 (219) E.L.T. 408 (T) 5. In one of the cases, this Bench after considering various other decisions available, has held as under: "6. We have gone through the records of the case carefully. It is seen that during the relevant periods, the prices of the petroleum products were fixed under the Administered Price Mechanism (APM). The appellants have explained that whenever there is excess collection of duty, the same is surrendered to the oil pool account. In the Commissioners of Customs, Visakhapatnam and Chennai have already decided the issue in favour of the appellants. These orders have not been appealed against by the Department. Therefore, in te....