<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2017 (6) TMI 664 - CESTAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=344393</link>
    <description>Section 11D of the Central Excise Act, 1944 was held inapplicable where an assessee had already paid the amount shown in invoices on exempted clearances to the revenue and had not retained it as duty collected from customers. The Tribunal followed its earlier identical ruling and the Larger Bench view that Section 11D operates only when an amount is collected as excise duty and retained by the manufacturer. The reasoning also reflected the principle that excise duty is not meant to be recovered twice on the same amount, and the CBEC circular accepting the Larger Bench position supported this interpretation.</description>
    <language>en-us</language>
    <pubDate>Thu, 09 Mar 2017 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 23 Sep 2017 10:16:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=472374" rel="self" type="application/rss+xml"/>
    <item>
      <title>2017 (6) TMI 664 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=344393</link>
      <description>Section 11D of the Central Excise Act, 1944 was held inapplicable where an assessee had already paid the amount shown in invoices on exempted clearances to the revenue and had not retained it as duty collected from customers. The Tribunal followed its earlier identical ruling and the Larger Bench view that Section 11D operates only when an amount is collected as excise duty and retained by the manufacturer. The reasoning also reflected the principle that excise duty is not meant to be recovered twice on the same amount, and the CBEC circular accepting the Larger Bench position supported this interpretation.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Thu, 09 Mar 2017 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=344393</guid>
    </item>
  </channel>
</rss>