2004 (12) TMI 261

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....Member (T)]. - This is an appeal filed by Revenue against the OIO No. 01/2001, dated 20-12-2000 passed by the Commissioner of Central Excise, Mangalore. 2.The issue involved is whether the appellants are liable to pay the amount collected by them in excess of CV Duty paid in respect of HSD, FO Motor Spirit and SKO imported by them during the period from 1-3-1994 to 30-9-1996. The appellants cle....

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....ds : (i)      However, it is observed that in terms of Section 11D, every person who has collected any amount from the buyer of any goods in any manner as representing duty of excise shall forthwith pay with the amount so collected to the credit of the Central Government. In the instant case it appears that the excess duty collected is rightly demanded from the assessee....

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....d JCDR appeared on behalf of the appellants and Shri Balamurugan and Shri V. Ramakrishnan, Representatives of IOC appeared on behalf of the respondents. 4.The learned JCDR urged that the respondents collected CV duty in excess of what they had paid to the exchequer through invoices under Rule 57A. Even though the goods are imported since they are liable to pay countervailing duty which is equal....

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....rs. It was also urged that the case is squarely covered by CEGAT's decision relied on by the Commissioner. 6.On a careful consideration of the entire issue, we find that the Commissioner has carefully analysed each ingredient of Section 11D in para 8 of his OIO. Prior to the amendment of Section 11D by the Finance Act 2000, the expression used was "Every person who has collected any amount from....