Section 11D:
Duties of excise collected from the buyer to be deposited with the Central Government.
1[11D. Duties of excise collected from the buyer to be deposited with the Central Government.--
(1) Notwithstanding anything to the contrary contained in any order or direction of the Appellate Tribunal
or any Court or in any other provision of this Act or the rules made thereunder, 2[every person who is liable
to pay duty under this Act or the rules made thereunder, and has collected any amount in excess of the duty
assessed or determined and paid on any excisable goods under this Act or the rules made thereunder from
the buyer of such goods in any manner as representing duty of excise, shall forthwith pay the amount so
collected to the credit of the Central Government.
3[(1A) Every person, who has collected any amount in excess of the duty assessed or determined and
paid on any excisable goods or has collected any amount as representing duty of excise on any excisable
goods which are wholly exempt or are chargeable to nil rate of duty from any person in any manner, shall
forthwith pay the amount so collected to the credit of the Central Government.]
4[(2) Where any amount is required to be paid to the credit of the Central Government under 5[subsection (1) or sub-section (1-A), as the case may be,] and which has not been so paid, the Central Excise
Officer may serve, on the person liable to pay such amount, a notice requiring him to show cause why the
said amount, as specified in the notice, should not be paid by him to the credit of the Central Government.]
(3) The Central Excise Officer shall, after considering the representation, if any, made by the person
on whom the notice is served under sub-section (2), determine the amount due from such person (not being
in excess of the amount specified in the notice) and thereupon such person shall pay the amount so
determined.
(4) The amount paid to the credit of the Central Government under 6[sub-section (1) or sub-section
(1A) or sub-section (3), as the case may be, shall be adjusted against the duty of excise payable by the
person on finalisation of assessment or any other proceeding for determination of the duty of excise relating
to the excisable goods referred to in 7[sub-section (1) and sub-section (1A)].
(5) Where any surplus is left after the adjustment under sub-section (4), the amount of such surplus
shall either be credited to the Fund or, as the case may be, refunded to the person who has borne the
incidence of such amount, in accordance with the provisions of Section 11B and such person may make an
application under that section in such cases within six months from the date of the public notice to be issued
by the Assistant 8[Principal Commissioner of Central Excise or Commissioner of Central Excise for the
refund of such surplus amount.]]
Notes:
1. Ins. by Act 40 of 1991, s. 5 (w.e.f. 20-9-1991).
2. Subs. by Act 10 of 2000, s. 103, for certain words (w.r.e.f. 20-9-1991).
3. Ins. by Act 18 of 2008, s. 81(i).
4. Subs. by Act 10 of 2000, s. 103, for sub-section (2) (w.r.e.f. 20-9-1991).
5. Subs. by Act 18 of 2008, s. 81(ii), for the word, brackets and figure "sub-section (1)".6. Subs. by Act 18 of 2008, s. 81(iii)(a), for the word, brackets and figure “sub-section (1) or sub-section (3)".
7. Subs. by ibid, s. 81(iii)(b), for the word, brackets and figure "sub-section (1)".
8. Subs. by Act 25 of 2014, s. 95, for dnqtsCommissioner of Central Excise".