2015 (1) TMI 815

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....riharan, JCDR for the Respondent Chittaranjan Satapathy, JUDGEMENT 1. Heard both sides. 2. The period covered under these appeals is from 1996 to 2000. As per the practice prevalent, the appellants have collected the revised price under the Administered pricing Mechanism in respect of petroleum products as and when the prices were revised under the administered pricing mechanism. The Departme....

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....nd that he is praying for. 3. Heard the learned JCDR. He agrees that the related invoices have to be verified and wherever any amount has been collected as duty, in excess of the amount paid, requires to be recovered from M/s.IOC. 4. After hearing both sides and perusal of case records, we find that the related invoices have not been filed by either side and are not available on the Tribunal&#39....

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.... duty of excise, shall forthwith pay the amount so collected to the credit of the Central Government." The main ingredients of this Section are that a person should have collected an amount (in excess of the duty assessed) in any manner as representing duty of excise from the buyer of such goods. In the instant case, we find that only a composite price under the administered pricing mechanism has ....