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2015 (4) TMI 647 - AT - Central ExciseEnhancement in rate of duty - Effective date for enhancement - Government introduced an amendment to clause 141 of the Finance Bill 2012 by which the Ad valorem rate introduced with effect from 17.03.2012 was converted into specific rate and this had effect increasing the rate of duty on the Cigarette. However, this amendment was not accompanied by a declaration under section 3 of the PCT Act. The Finance Bill as amended, received the President's assent on 28.05,2012 - whether enhanced rates of duty as per the amendment introduced on 08.05.2012 would be applicable w.e.f. 17.03.2012 - Held that:- Since, both the sides agree that the issue involved in this case is covered in favour of the appellant by the Board's Circular No. 981/05 dated 11.02.2014, which has been followed by Tribunal in its judgment in the case of ATC ltd, vs CCE Chennai-III, (2015 (2) TMI 1008 - CESTAT CHENNAI) the impugned order is not sustainable. The same is set aside - Decided in favour of assessee.
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