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2017 (8) TMI 1157 - AT - Central ExcisePrice escalation clause - Valuation - stock transfer - Motor Spirit (MS) - High Speed Diesel Oil (HSD) - demand of differential duty - Section 11D - Held that: - The Oil Coordination Committee has revised the administrative price of MS and HSD, to take into account the increased duties as above. Hence in respect of stocks lying in the depots on 1.3.2001 and 12.1.2002 and sold thereafter, it is evident that the appellant has recovered extra amounts attributable to increased excise duty which are liable to be paid to the government in terms of provisions of Section 11D - the demand of duty is not from depots but from Korukkupet terminal who have stock transferred the petroleum products to the depots. The collections are accounted against the Korukkupet terminal and hence we are of the view that appellant is liable to pay the differential excise duty recovered in terms of Section 11D. The duty demands under Section 11D along with payment of interest upheld - appeal dismissed - decided against appellant.
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