Case Law Details
C.C.E. & S.T Vs Indian Oil Corporation Ltd (CESTAT Ahmedabad)
CESTAT 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, acco wheel of justice should not stop accordingly we take up this appeal for disposal.
We find that as of now the issue is no longer res integra as in the majority of decisions cited by the respondent, it has been held that even though there is a difference of price between sale made through OMC on depot and in case of sale made to OMC even though at lower price, the same has been held under Section 4(1)(a) as transaction value and the demand of duty has been dropped. Though the revenue is in appeal before the Hon’ble Supreme Court but no stay has been obtained as per available records.
Accordingly, following the above decision cited by the learned counsel for the respondent, we are of the view that there is no infirmity in the impugned order hence, the same is upheld, revenue’s appeal is dismissed.
FULL TEXT OF THE CESTAT AHMEDABAD ORDER
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