Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
Modification of bail conditions remains available through inherent jurisdiction where onerous deposits undermine justice and cannot recover disputed d...
Merchant banker regulation consolidates registration, governance, capital, reporting, outsourcing and investor-protection requirements under an update...
Authentication of paper assessment orders upheld, while qualifying repairs, consumables and vendor advance write-offs remain deductible business claim...
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Interpretation of Section 11D of the Central Excise Act, 1944, regarding the recovery of amounts collected as excise duty but not deposited with the government. The key points are: If an assessee collects excise duty or any amount representing excise duty, they cannot retain it and must deposit it with the government. Section 11D can be invoked to recover such amounts. In this case, the appellant made a pre-deposit of Rs. 1 crore and later issued supplementary invoices passing on the burden to another party. The demand raised in the show cause notice invoked Section 11D, not Rule 14 of the Cenvat Credit Rules, 2004. Section 11D is applicable only when excise duty or an amount representing excise duty is collected but not deposited with the government. The impugned order was set aside, and the appeal was allowed by the CESTAT (Appellate Tribunal).
Interpretation of Section 11D of the Central Excise Act, 1944, regarding the recovery of amounts collected as excise duty but not deposited with the government. The key points are: If an assessee collects excise duty or any amount representing excise duty, they cannot retain it and must deposit it with the government. Section 11D can be invoked to recover such amounts. In this case, the appellant made a pre-deposit of Rs. 1 crore and later issued supplementary invoices passing on the burden to another party. The demand raised in the show cause notice invoked Section 11D, not Rule 14 of the Cenvat Credit Rules, 2004. Section 11D is applicable only when excise duty or an amount representing excise duty is collected but not deposited with the government. The impugned order was set aside, and the appeal was allowed by the CESTAT (Appellate Tribunal).
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