Bpcl vs Commissioner Of Central Excise on 15 September, 2003
Equivalent citations: 2003ECR847(TRI.-BANGALORE), 2003(158)ELT361(TRI-BANG)
ORDER
C.N.B. Nair
reported in 2014-TIOL-1114-CESTAT-MUM, in the cases of BPCL & HPCL, has held that since BPCL/HPCL themselves are buying the goods ... charging VAT/sales tax while selling the CNG to BPCL/HPCL and BPCL/HPCL are also paying VAT/sales tax on the entire value, including
Counsel Ms. Asmita Nayak submits that the appellant had agreement with BPCL for storage of lubricants of that concern. There was no clearing activity carried ... relied upon page No.17 to show that the agreement was between BPCL and the appellant. She submits that even though payments were linked
Nadu Road Sector Project-II as TNRSP,
Bharat Petroleum Corporation Limited as BPCL and the Principle Chief
Commissioner of GST and Central Excise/Superintendent, Central ... regard to supplies of high speed
diesel (HSD) manufactured and supplied by BPCL.
6. The exemption was sought and admittedly available to the
petitioner under
Page 2 of 8
(CESTAT-Mumbai) (hereafter referred to as the 'BPCL v. CST,
Mumbai' case). In the said final judgment ... BPCL v. CST,
Mumbai' case, the Coordinate Bench of the CESTAT held that since
HPCL and Bharat Petroleum Corporation Ltd. ('BPCL') were
barrels for Hindustan Petroleum
Corporation Ltd. (HPCL) and Bharat Petroleum
Corporation Ltd. (BPCL) on job work basis for which
HPCL and BPCL raised the purchase ... 2009,85606/2016
against such job work. HPCL and BPCL supplied the
duty paid CRS sheets to the appellant, on which they
have availed Cenvat
tender price) paid by the OMCs. The appellant is a subsidiary of BPCL and transaction value in the sale of PIB to BPCL is fixed ... other OMCs. The Department disputed the transaction value between KRL and BPCL on the ground that both are related parties as per Section
bill of entry, handed over the product to Bharat Petroleum Corpn. Ltd. (BPCL) in accordance with the strict guidelines provided by Oil Coordination Committee ... duty was paid availing the notification for ultimate supply through PDS distributor. BPCL was fully aware of the purpose of import of SKO, handed over
appellant. This appellant had supplied gas cylinders to Bharat Petroleum Corporation Limited (BPCL) from 1.7.1999 to 31.10.2000 on provisional contract price. BPCL had thereafter revised ... they had not passed on the full incidence of duty to the BPCL and that this was not a case of unjust enrichment. The Deputy
Bharat Petroleum Corporation
Limited (hereinafter referred to as 'BPCL'). According to the appellant,
this duty was paid by it to the BPCL ... purchase of Naphtha from BPCL. The
period involved is 25.09.1996 to 16.10.1996. Under Rule 192 of the Central
Excise Rules 1944, Naphtha can be procured