2016 (2) TMI 1046

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....mittee (OCC). Considering various factors, the OCC revised the price of ATF from time to time and on the basis of such revision in price (either upward or downward), the duty paid stock of ATF available in the depot was sold at such revised price by the appellant. During period September' 2004 to November' 2008, the appellant had sold ATF at higher price than the price at which the same were removed from the refinery on payment of Central Excise duty. On verification of records maintained by the appellant, the Central Excise officers observed that the appellant had collected excess amount in lieu of Central Excise duty by enhancing the assessable value, but did not remit the same to the Central Government account. Thus, show cause p....

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....ty demand by the original authority is in conformity with Section 11A ibid read with Section 11D ibid. 4.  Heard both sides and perused the records. 5.  Section 11D ibid mandates that every person, who has collected any amount, in excess of the duty assessed or determined, from the buyer in any manner, as representing duty of excise, shall pay the amount so collected to the credit of the Central Government account. The submissions of the appellant are that upward revision in the price of ATF had only been collected from the customers and the Central Excise duty paid thereon through the refinery on the pre-revised price was claimed in the invoices issued by the appellant. To substantiate such stand, the appellant had referred to ....