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2015 (10) TMI 1359 - AT - Central ExciseValuation - demand u/s 11D for amount collected in the name of Excise Duty - Held that:- So far as the amount collected separately from buyers to the extent of ₹ 6,53,169.36 is concerned, even though collection made was prior to introduction of Section 11D, it is necessary to verify whether this money has gone to the treasury or not. This can be stated following the ratio laid down by the Hon'ble Supreme Court in the case of Sahakari Khand Udyog Mandal Ltd. Vs. CCE - [2005 (3) TMI 116 - SUPREME COURT OF INDIA]. It may be stated that no one can be enriched at the cost of the state following the ratio laid down by the Apex Court in the case of S.P. Chengalvaraya Naidu Vs. Jagannath - [1993 (10) TMI 315 - SUPREME COURT] and no Court shall allow the party to retain the gain made by a person what that was not due to him. Therefore assessee is required to deposit the same even in absence of Section 11D of the CEA,1944. The authority shall verify the deposit particulars and evidence and pass appropriate order on this limited issue only. Revision of cost has no significance when it is supplied by buyer to the assessee not being liable to duty because its finished goods are ultimately exempted which remained undisputed by Revenue. - Decided partly in favour of Revenue.
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