2003 (9) TMI 168

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.... The common issue raised in this appeal is whether licence fee is to form part of the assessable value of petroleum products sold by the assessee. 2. Facts of the case are that appellants sell High Speed Diesel oil and Motor Spirit to their dealers at a fixed sale price. Appellants also own outlets for retail sale of the same. These are leased out to their dealers who sell Motor Spirit (MS) and....

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....alers. They, therefore, contend that licence fee has no relevance to the pricing and assessment of MS and HSD oil. The appellants have relied on the decision of the Tribunal in the case of HPCL v. CCE, Hyderabad - 2002 (149) E.L.T. 1294 and the decision of the Apex Court in the case of Indian Oxygen v. CCE - 1988 (36) E.L.T. 730 (S.C.) 4. We have pursued the records and considered the submissio....