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2004 (1) TMI 77 - SC - Central ExciseWhether in respect of cigarettes manufactured from duty paid tobacco, they were entitled to reduce the amount of duty calculated at the rate of Rs. 5.50/- per thousand cigarettes at the stage when the duty is payable? Held that:- As it could not be denied that the rates specified in column 2 of the table were rates which were to be taken into consideration for working out the assessable value of the goods. Thus, as per this Notification, in respect of cigarettes manufactured from duty paid tobacco, the rate mentioned in the table would be 400% plus Rs. 15.50/-. This is the rate which is to be taken into consideration for working out the asessable value. Thus the duty element is only 400% plus Rs. 15.50/- per one thousand cigarettes where they are manufactured out of duty paid tobacco. The Appellants do not have to pay Rs. 21/- for such cigarettes. Thus, there can be no deduction of Rs. 21/- at stage of working out the assessable value.
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