2023 (4) TMI 258

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....ricing Mechanism of petroleum products and full deregulation was to be placed in 2002. As per resolution notified in the gazette vide No. 224 dated 21.11.1997. MOP & NG advises Oil Marketing Companies (OMCs) to enter into an MOU to ensure availability of petroleum products throughout the country on a uniform price so that consumer who are far away from refinery locations are not charged unreasonably higher price as compared to consumers in non-refinery locations. The Government of India resolved to decontrol pricing of petroleum products except SKO sold through PDS and LPG for domestic use vide notification no. 79/2002 dated 28.03.2002, Ministry of Petroleum and Natural Gas consequently, Oil Coordination Committee (OCC) is dismantled and ne....

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....f the Central Excise Act, 1944 accordingly, the present appeal was filed by the revenue. 02. Shri S K Mathur, learned Special Counsel appearing on behalf of the revenue appellant reiterates the grounds of appeal. He further submits that the respondent were clearing goods to their own unit as well as to HPCL, BPCL and IBP. As per the MOU, all oil exchange and oil companies are benefitted by doing this MOU of oil exchange and their excise duty is thus evaded/short paid were resorting to under valuation to the extent of amount of difference between assessable value for clearance to their own depot dealers and adopting lesser transaction value for other oil companies while clearing the goods under oil exchange MOU therefore, there is a under....

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.... aside and revenue's appeal be allowed. 03. Shri Willingdon Christian, learned counsel appearing on behalf of the respondent submits that this tribunal vide order dated 02.02.2022 adjourned the appeal sine die awaiting outcome of the Hon'ble Supreme Court in the department's appeal. He further submits that the learned Commissioner has passed the impugned order after taking stock of all the facts and settled legal position on the identical issue therefore, there is no error in the impugned order hence the same may be upheld. He submits that this tribunal in the various judgments including the respondent's own case decided the matter in favour of the respondent. He placed reliance on the following judgments:- • DEEK PRINTERS- ....

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.... even though revenue's appeal are pending before the Hon'ble Supreme Court, this appeal being very old of 2005 cannot be kept pending therefore, and may be taken up for disposal. 04. We have carefully considered the submissions made by both the sides and perused the records. We find that though this Tribunal ordered for sine die adjournment but on pointing out by the learned counsel for respondent, we find that firstly the appeal is of 2005, the issue is settled as of now by various decisions of the Tribunal. Though the revenue's appeals are pending before the Hon'ble Supreme Court but in none of the appeal there is any stay. In this position, we are of the view that wheel of justice should not stop, accordingly we take up this appeal fo....