2018 (12) TMI 721

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....e manufacture of various petroleum products at Barauni. The dispute pertains to Motor Spirit and High Speed Diesel cleared from Barauini refinery. The appellant cleared the products to its own depots by payment of duty at the rate specified per kilo liter for volumes at ambient temperature. However, in respect of their sales to other oil marketing companies viz. HPCL as well as BPCL, they charged the same price per liter based on notional volume of the products by converting the volume at room temperature to the volume at 15°C. As a result, the volume of goods supplied got reduced and this resulted in lesser price than the price at which the goods were supplied by the appellant to its own depots. The department took the view that by ado....

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....de their Central Excise Appeal No.61/2013 dated 21.07.2016. He prayed that the present appeal may also be allowed following the above decision of the Delhi Bench. 5. Ld. DR justified the impugned order. 6. The dispute in the present case concerns the value adopted for payment of duty in respect of two petroleum products viz. Motor Spirit and High Speed Diesel. The appellant paid duty on the quantity of goods cleared and sold through their own depots, on the basis of the price per kilo liter for volume at ambient temperature. However, in respect of clearances made to HPCL and BPL, the volume of goods cleared were shown at 15°C and duty was paid on such quantity of goods cleared. Since the volume of goods at 15°C will be lesser ....

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....reference to their value, then, on each removal of the goods, such value shall- (a) in a case where the goods are sold by the assessee, for delivery at the time and place of the removal, the assessee and the buyer of goods are not related and the price is the sole consideration for the sale, be the transaction value; (b) in any other case, including the case where the goods are not sold, be the value determined in such manner as may be prescribed. [Explanation.- For the removal 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....