2026-VIL-274-CESTAT-BLR-CE
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CENTRAL EXCISE CESTAT Cases

Central Excise - Assessable value of Naphtha, Place of removal – Appellant cleared Naphtha on provisional assessment from their refinery to an intermediate storage location. A portion of the Naphtha was later sold to NTPC at a lower transaction value of Rs.34,134/- PMT, and remaining quantity was lost in transit. The department sought to recover the differential duty by adopting the provisional clearance price of Rs.53,360/- PMT, instead of the actual transaction values - Assessable value of Naphtha sold to NTPC: The issue is whether the appellant was correct in adopting the transaction value of Rs.34,134/- PMT as the assessable value for the Naphtha sold to NTPC, instead of the provisional clearance price of Rs.53,360/- PMT – HELD - The appellant had resorted to provisional assessment as the actual price of the Naphtha could not be determined at the time of clearance from the refinery, and the actual price could be ascertained only when the goods were cleared/sold from the intermediate storage location. Therefore, the transaction value at which the goods were actually sold to NTPC from the intermediate storage location should be considered as the assessable value, and not the provisional clearance price from the refinery – The impugned order is set aside and the appeal is allowed - Assessable value of Naphtha lost in transit - Whether the appellant was correct in adopting the transaction value of Rs.45,470/- PMT as the assessable value for the Naphtha lost in transit, instead of the provisional clearance price of Rs.53,360/- PMT - HELD - The appellant had discharged the duty based on the transaction value at which the remaining Naphtha was cleared to the fertilizer unit, and this was a reasonable approach. The appellant was correct in adopting the transaction value of Rs.45,470/- PMT as the assessable value for the Naphtha lost in transit.
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