COMMISSIONER OF CUSTOMS (IMPORTS) (SEAPORT) Vs. HINDUSTAN PETROLEUM CORPORATION LTD. AND INDIAN OIL CORPORATION LTD.

JUDGEMENT

(1.) REVENUE is in appeal against the orders of the Commissioner holding that excess duty collected and deposited in Oil Pool Account by the Assessees is sufficient and Assessees are not required to deposit the duty with the Central Excise authorities. The demand raised under Section 28B of the Customs Act, 1962 stands dropped by the Commissioner.

(2.) ON hearing both sides, we find that the issue in dispute stands covered in favour of the Assessees by Tribunal's decision in the case of IOCL v. CC Kandla, 2008 (227) ELT 263 holding that the excess collection of duty is not retained by the Assessees but deposited in terms of Administered Price Mechanism Scheme in the Oil Pool Account. The Tribunal has held that the demand under Section 28B is not sustainable. Following the ratio of the above decision, which is applicable on all fours to the facts of the present case, we uphold the impugned orders and dismiss the appeals. The cross -objections are disposed of accordingly.