2003 (10) TMI 109 - AT - Central Excise

Summary

Issues involved: Interpretation of Section 11D of the Act regarding collection of sums representing duties of excise by Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd. upon price increase of petroleum products.

Summary:
The Appellate Tribunal CESTAT, Mumbai, in the case involving Bharat Petroleum Corporation Ltd. and Hindustan Petroleum Corporation Ltd., addressed the issue of whether the provisions of Section 11D of the Act applied to the sums collected by the appellants as representing duties of excise upon the increase in prices of petroleum products. The Commissioner had confirmed the proposal for recovery of these sums under Section 11D of the Act. However, the Tribunal found that the amounts collected were not represented as duty of excise to the customers, thus rendering Section 11D inapplicable. Previous decisions by different benches of the Tribunal supported this interpretation, emphasizing that Section 11D only applies to sums collected on such representation. The Tribunal highlighted that despite the companies passing on the increased taxes to customers, the requirement of collection as representing duty of excise was not met, as the invoices did not separately show these amounts as excise duty. Consequently, the appeals were allowed, and the impugned order was set aside.