2007 (2) TMI 51 - AT - Central Excise

Demand Alleged the assessee collected excess excise duty but not credited to the government accordingly demanded for excess excise duty Authority after considering all the factor allow the appeal.

Summary

Issues:
Appeal against orders demanding excess excise duty collected under Section 11D of the Central Excise Act, 1944 by Oil Marketing Companies - HPCL, IOCL, and BPCL.

Analysis:
1. The appellants, Oil Marketing Companies, were found to have collected excess excise duty on various products following price revisions or changes in the rate of duty. The collected excess amount was not credited to the Government, leading to demands under Section 11D of the Act.

2. The assessees argued that for a demand under Section 11D to be valid, specific conditions must be met: the person should be liable to pay duty, the amount should be collected on excisable goods, and the amount should represent excise duty collected from the buyer.

3. During the hearing, the appellants' representatives cited relevant case laws and Circulars in support of their arguments, emphasizing previous judgments that supported their position regarding the demands made under Section 11D.

4. The JCDR contended that the impugned amounts were indeed collected as excise duty representation, highlighting that the appellants were manufacturers and thus liable for the demands made.

5. The Tribunal carefully reviewed the submissions and case records. It was noted that HPCL, IOCL, and BPCL had different practices regarding reflecting the excess amounts collected in their sale invoices, raising questions about their liability under Section 11D.

6. Section 11D of the Act was examined, clarifying that demands under this section could only be made from the manufacturer of the goods for which excess amounts were collected, and these amounts should have been collected as representing excise duty.

7. The Tribunal referred to relevant case laws and the Board's Circular to support the position that only amounts collected as excise duty representation could be demanded under Section 11D, emphasizing that dealers who are not the manufacturers of the goods are not liable under this section.

8. Based on the analysis and legal interpretations, the Tribunal found no merit in the impugned orders and set them aside, allowing the appeals filed by the Oil Marketing Companies - HPCL, IOCL, and BPCL.