Excise Duty Recovery: CESTAT Allows Appeal, Sets Aside Order u/s 11D of Central Excise Act, 1944.

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....Interpretation of Section 11D of the Central Excise Act, 1944, regarding the recovery of amounts collected as excise duty but not deposited with the government. The key points are: If an assessee collects excise duty or any amount representing excise duty, they cannot retain it and must deposit it with the government. Section 11D can be invoked to recover such amounts. In this case, the appellant made a pre-deposit of Rs. 1 crore and later issued supplementary invoices passing on the burden to another party. The demand raised in the show cause notice invoked Section 11D, not Rule 14 of the Cenvat Credit Rules, 2004. Section 11D is applicable only when excise duty or an amount representing excise duty is collected but not deposited with the government. The impugned order was set aside, and the appeal was allowed by the CESTAT (Appellate Tribunal).....