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2016 (4) TMI 287 - SUPREME COURT

2016 (4) TMI 287 - SUPREME COURT - 2016 (334) E.L.T. 583 (SC) - Demand of excise duty - Supply of 4 Horton Spheres which do not attract any excise duty to Indian Oil Corporation - Even no excise duty was payable but same was collected by the respondent from the Indian Oil Corporation - Held that:- the cost of the Horton Spheres was worked out as per the details agreed upon between the assessee and the Indian Oil Corporation. Therefore, it is clear that no excise duty had been collected and hence .....

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ton Spheres, four in number, to Indian Oil Corporation. This item does not attract any excise duty. However, on the ground that even no excise duty was payable but same was collected by the respondent from the Indian Oil Corporation, a show cause notice was issued raising a demand of ₹ 68,22,400/-. The respondent/assessee denied the same and stated that no such excise duty on the product Horton Spheres was collected from Indian Oil Corporation. It appears that the cost of the Horton Sphere .....

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