2016 (4) TMI 287 - SCH - Central Excise

Demand of excise duty - Supply of 4 Horton Spheres which do not attract any excise duty to Indian Oil Corporation - Even no excise duty was payable but same was collected by the respondent from the Indian Oil Corporation - Held that - the cost of the Horton Spheres was worked out as per the details agreed upon between the assessee and the Indian Oil Corporation. Therefore, it is clear that no excise duty had been collected and hence, no demand can be made. - Decided against the revenue

Summary

The Supreme Court dismissed the appeal in a case where excise duty was collected by the respondent from Indian Oil Corporation for Horton Spheres, but it was later clarified that no excise duty was actually collected on the final product supplied.