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Central Excise - Highlights / Catch Notes

Home Highlights February 2017 Year 2017 This

Though the assessee paid the excise duty at ₹ 80/- (after ...


Excess Recovery of Excise Duty by Assessee Leads to Unjust Enrichment: Section 11D Addresses Legal Implications.

February 11, 2017

Case Laws     Central Excise     HC

Though the assessee paid the excise duty at ₹ 80/- (after debiting ₹ 20/- paid on input, namely, Cut Tobaco) they recovered excise duty at ₹ 100/- from the customer. Thus, ₹ 20/- was recovered by the assessee in excess of the duty payable, and therefore, to that extent, ₹ 20/- can be said to be enrichment, which is not permissible, that is exactly for which Section 11D of the Act has been introduced - HC

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