2002 (8) TMI 686 - AT - Central Excise

Summary

Issues involved: Appeal against order to credit amount to Government under Section 11D(3) of Central Excise Act for duty collected during exemption period.

Summary:
The appellants, engaged in paper manufacturing, availed exemption under Notification No. 6/2000-C.E. and cleared goods at Nil rate of duty. Despite charging duty from buyers during exemption period, they did not deposit it to Government account as required by Section 11-D. The Commissioner upheld duty demand, stating duty was inbuilt in price charged. Appellants argued they did not collect duty, evidenced by blank BED column in invoices. Tribunal found no evidence of duty collection from buyers during exemption period, as appellants consistently showed nil recovery of duty in invoices. Precedents cited were deemed irrelevant due to lack of evidence. Consequently, the impugned order was set aside, and the appeal was accepted.