2010 (11) TMI 916

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....ound that the appellants had cleared the duty paid stock of 7072.720 KLTs of High Speed Diesel Oil (HSD) lying with them prior to the presentation of Budget 1999-2000 on 28-2-1999 by charging enhanced rate of basic excise duty @ 16% and additional duty of excise @ ₹ 1000/- PKL imposed vide Clause 133 read with 2nd Schedule to the Finance Bill w.e.f. 27-2-1999 (midnight). However, stock of HSD sold had suffered duty at the time of clearance from the refinery @ 15% Adv. and thus, the excess excise duty recovered by the appellants from the customers was ₹ 74,69,601/-. The excess amount realised by the appellants from the customers in respect of sale of pre-budget stock of HSD was deposited by them with the central excise department....

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.... from where it was sold after the presentation of budget for 1999-2000 that on 27-2-1999, - in the budget 1999-2000 presented on 27-2-1999, the rate of duty on HSD had been increased, that pre-budget stock of HSD was sold at higher price which included the central excise duty at the post-budget rate, that since the appellant while selling the pre-budget stock of HSD during the period after 27-2-1999 had realised more amount of central excise duty than the amount which has been paid as central excise duty, the excess amount charged by them from the customers was paid to the Department on 1-4-1999, that the appellants have fully complied with the provisions of Section 11D of the Central Excise Act, according to which any amount collected by a....