2013 (12) TMI 575

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....paid on the assessable value prevailing at the time of clearance from the refineries. Due to change in the budget sometimes the price of petroleum products were increased and in some the same was decreased. The appellants were clearing the petroleum products from their depots at the price fixed by the Ministry of Petroleum and Natural gas under administered price mechanism. As the appellants are clearing the goods from the depots at the revised price, the Revenue is of the view that he appellants had collected the excess amount representing the duty of excise. Hence, the demand under Section 11D of the Central Excise were made against the appellant. 3. Heard both sides. 4. Considering their submissions and find that the issue came up ....

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....-CX, dated 12-11-2001 wherein, it is mentioned that recovery of any amount representing as excise duty is a matter of fact to be accepted on the basis of documents. No such document has been brought on record in the present matter. Further it is well known fact that the prices of petroleum products are fixed by the Oil Coordination Committee which increased the prices of the High Speed Diesel Oil and there is nothing on record to show that the prices were increased for collecting the excess Central Excise duty. The ratio of the decision of Srichakra Tyres, relied upon by the ld. DR is not applicable to the facts of the present matter as it is not in dispute that the High Speed Diesel Oil was removed from the factory on payment of duty which....