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2014 (10) TMI 338 - CESTAT MUMBAIDemand u/s 11D - subsequent upward price revision and the goods were sold from the depot at a higher price - revenue of the view that Since the price at the depot is a cum duty price, it implies that the appellant collected a higher amount of excise duty from the customers; therefore, the demand is sustainable. - Held that:- The liability to discharge duty arises when the goods are cleared from the factory. When the goods cleared and sold through the depot, the law mandates that duty liability has to be discharged on the price prevailing at the depot at the time of clearance of the goods from the factory. There is no dispute in the present case that the appellant has discharged the duty liability in accordance with the law. What happened to the goods subsequently does not influence the assessable value under Section 4 of the Act. This is the view taken by this Tribunal in the case of BPCL case (2002 (5) TMI 107 - CEGAT, COURT NO. III, NEW DELHI) affirmed by the Hon'ble Apex Court - Decided against Revenue.
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