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2023 (9) TMI 1105 - AT - CustomsRecovery of Countervailing duty (CVD) - excess collection of CVD - HELD THAT:- This issue is no more res integra and the same has been settled by this Tribunal in their own case INDIAN OIL CORPORATION LTD. VERSUS COMMR. OF CUS., KANDLA [2008 (4) TMI 93 - CESTAT, AHMEDABAD], wherein this Tribunal has observed We also find merit in the appellant’s contention that as per the Administered Price Mechanism Scheme any excess recovery has to be deposited in the oil pool account and any deficiency is made good by oil pool account, and therefore, it cannot be said that there is excess collection of duty. It may not be exactly fit into the scheme of Section 28B of Customs Act, 1962 or Section 11D of the Central Excise Act, 1944 but it has to be accepted that the purpose of legislation of these sections is fulfilled by this provision in the Administered Price Mechanism Scheme. The Tribunal has observed that the price of the petroleum products was fixed under the Administered Price Mechanism (APM) and it has been explained by the appellant that whenever there is excess collection of duty, the same is surrendered to the oil pool account and consideration the same, the proceedings against the appellants were dropped - the demand confirmed against the appellant by way of impugned order, are not sustainable. Petition allowed.
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