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<h1>CEGAT Mumbai: Recovery of excess duty under Section 11D on hold pending machinery establishment.</h1> The Appellate Tribunal CEGAT, Mumbai allowed the appeals, holding that recovery proceedings for excess duty under Section 11D cannot proceed until ... Demand/Recovery The Appellate Tribunal CEGAT, Mumbai disposed of two appeals without adjournment. The Collector advised the appellants to deposit excess duty under Section 11D, but the Tribunal held that recovery proceedings cannot be maintained until machinery for quantifying liabilities is established, as per Madras High Court judgment in Eternit Everest Ltd. v. U.O.I. The appeals are allowed to the extent that liability under Section 11D is pending until proper machinery is in place.
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