2014 (4) TMI 135 - AT - Central Excise

Duty demand - collection excess duty from customers on sale of import goods - It was noticed by the departmental officers that the appellants were charging excess amount from their customers on duty paid stocks though the duty earlier paid by them at the lower rate. Since the excess amount was not paid by the appellants to the department the same is recoverable from the appellants under Section 11D of the Central Excise Act along with interest under Section 11AB of the Act - Held that - duty under Section 11D of the Central Excise Act cannot be demanded on imported custom duty paid goods - Following decision of Hindustan Petroleum Corpn. Ltd. Vs. CCE, Chandigarh 2012 (6) TMI 246 - CESTAT, MUMBAI - Decided in favour of assessee.

Summary

Issues Involved:
- Duty demand on imported duty paid stock under Section 11D of the Central Excise Act.

Analysis:
The judgment involves four appeals filed by M/s Indian Oil Corporation challenging the Order-in-Original passed by the Commissioner of Central Excise. The appellants were receiving duty paid and non-duty paid petroleum products at their depots, maintaining consolidated accounts, and clearing duty paid stock without payment of duty. The departmental officers observed that the appellants were charging excess amounts from customers on duty paid stocks. Consequently, Show Cause Notices were issued demanding the excess amount under Section 11D of the Act along with interest under Section 11AB. The Commissioner confirmed these notices, leading to the appeals before the Tribunal.

The appellant's representative argued that duty on imported duty paid stock cannot be demanded under Section 11D of the Central Excise Act, citing the decision of the Larger Bench in the case of Hindustan Petroleum Corpn. Ltd. vs. CCE, Chandigarh. It was contended that duty on imported duty paid stock is not payable by them as they are not the manufacturer or producer, as per the provisions of Section 11D. The Departmental representative reiterated the lower authority's findings.

The Tribunal, after considering the arguments, referred to the decision of the Larger Bench in the Hindustan Petroleum Corporation Ltd. case. The Tribunal concurred with the Larger Bench's decision that duty under Section 11D of the Central Excise Act cannot be demanded on imported custom duty paid goods by entities that are not manufacturers or producers. Consequently, the impugned orders were set aside, and all the appeals were allowed.