TMI Blog2017 (8) TMI 1157X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - E/668/2005 - 40991/2017 - Dated:- 14-6-2017 - Ms. Sulekha Beevi C.S. Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Shri S. Muthuvenkatraman, Advocate, For the Appellant Shri S. Nagalingam, AC (AR), For the Respondent ORDER Per Bench The Appellant M/s. Indian Oil Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... After Prior to After 01.03.2001 01.03.2001 12.01.2002 12.01.2002 BED 12% 16% 16% 20% SED ------ AED ₹ 1000/kl 1000/kl 1000/kl 1000/kl As per the stock statement furnished by IOC, there is no stock at Pondicherry depot on the above two dates of revision. The excess amount payable towards excise duty, consequent to the above duty revision, on the stock at the depots at Renigunta and Neyveli worked out to ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stocks held by the depots under Section 11D from Korukkupet terminal since the amount indicated in the invoice was cum duty price; that no differential duty of excise can be demanded on the stocks held by the depots without substantiating (a) the said stocks were received by the Depot only from Korukkupet Terminal (b) they were sold without any loss in storage (c) the duty of excise was collected on such sale through invoice specifying the duty amount so collected in the invoice and (d) such collection was received by and accounted against their Korukkupet Terminal. As per section 11D the amount can only be demanded if the appellant sells and collects more duty than the one paid. 4.1. He also relied upon the Tribunal s decision in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BED 12% 16% 16% 20% SED ------ AED ₹ 1000/kl 1000/kl 1000/kl 1000/kl 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 appellant has argued that the depot ..... X X X X Extracts X X X X X X X X Extracts X X X X
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