LOGIC TRADERS PVT. LTD. Vs. COAL INDIA LTD.

JUDGEMENT

(1.) THE writ proceedings before the Court have been filed by 16 coal traders seeking to impugn the legality of a recovery notice, dated 3 July 2014 issued by the Central Coalfields Ltd., a subsidiary of the first respondent, together with a memo of the first respondent, dated 5 March 2013. The petitioners also seek a refund of the amounts which have been collected or, as the case may be, deducted from their accounts in pursuance of the recovery memo. The petitioners are traders in coal who entered into commercial contracts with Eastern Coalfields Ltd. (respondent No. 3) and Central Coalfields Ltd. (respondent No. 6) under a Spot E -Auction Scheme, 2007. With effect from 1 March 20.11, as a result of the Finance Act, 2011, the central excise duty became payable on coal.

(2.) THE expression "transaction value" in section 4(3)(d) of the Central Excise Act, 1944 provides as follows:

(3.) THE expression 'transaction value' does not include the amount of excise duty, sales tax and other taxes, if any, actually paid or actually payable on such goods.