Excess excise duty on levy sugar must be credited to government accounts and cannot be retained by factories. Excess excise duty collected on levy sugar - the differential between duty charged to buyers and concessional duty payable by new factories - must be credited to the Government account and cannot be retained by the factories; any refundable portion may be returned only to the person who bore its incidence. Retention is not permissible under the applicable Central Excise amendment and judicial authority, and pending cases should be decided on that basis.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Excess excise duty on levy sugar must be credited to government accounts and cannot be retained by factories.
Excess excise duty collected on levy sugar - the differential between duty charged to buyers and concessional duty payable by new factories - must be credited to the Government account and cannot be retained by the factories; any refundable portion may be returned only to the person who bore its incidence. Retention is not permissible under the applicable Central Excise amendment and judicial authority, and pending cases should be decided on that basis.
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