2009 (3) TMI 139

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....r the Appellant. Shri V.V. Hariharan, Jt. CDR, for the Respondent. [Order per : P. Karthikeyan, Member (T)].- M/s. Chennai Petroleum Corporation Ltd. [CPCL] manufactures various petroleum products and sells most of their production through M/s. Indian Oil Corporation Ltd. [IOC], an entity related to CPCL as per Section 4 of the Central Excise Act. The excisable goods manufactured by CPCL are....

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....ed either to the assessee from the related buyer or vice-versa the transaction value as per Section 4(1)(b) of the Act read with Rule 9 of the Central Excise Valuation Rules, 2000 need not be adopted and the Refinery Transfer Price can be considered as the sole consideration for sale at CPCL factory gate". Accordingly he demanded a total differential duty of Rs. 7,37,76,177/- along with applicable....

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....anction to demand duty from CPCL in cases where the RTP charged on IOC is higher than the corresponding sale price of IOC. We also find that the appellants have rightly relied on the following case law, all of which held that where the goods are sold exclusively to related person, the value shall be determined as per the above Valuation provisions. (i) Ultra Refrigerators Pvt. Ltd. v. CCE - 200....