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TMI BlogEffective date for levy of excise duty on cigarettes at the enhanced rates vide Finance Act, 2012 – Clarification – Regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... Excise (All), Chief Commissioners of Central Excise and Customs (All), Director General, Directorate General of Central Excise Intelligence, Commissioners of Central Excise (All), Commissioners of Central Excise and Customs (All). Madam/Sir, Subject: Effective date for levy of excise duty on cigarettes at the enhanced rates vide Finance Act, 2012 - Clarification - Regarding. I am directed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the excise duty was made effective immediately on the expiry of the day on which the Finance Bill, 2012 was introduced i.e. w.e.f. 17.03.2012. 4. Subsequently, by virtue of Government amendment to the Finance Bill, 2012 as introduced, the ad valorem component of 10% was converted to a specific rate. Consequently, the basic excise duty on cigarettes was levied at specific rates which were high ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , by virtue of which the excise duty on cigarettes was increased, was declared under PCT Act, therefore the rates proposed in the Finance Bill came into effect from 17.03.2012. And, since the rates proposed in the Finance Bill have been revised through Government amendments, the revised rates will apply with effect from 17.03.2012. 7. However, representations have been received from trade and ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provision ceases to have the force of law when it comes into operation as an enactment with or without amendment. 8.1 In view of above legal position and also in view of the declaration made while introducing the Finance Bill, 2012, the excise duty as provided through said Bill will have the force of law from the date on which the Finance Bill was introduced i.e. 17.03.2012. Since the amendments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f President i.e. from 28.05.2012. 9. The above opinion of the Ministry of Law & Justice has been accepted by the Government. It is, thus, clarified that the tariff rate of duty on cigarettes levied vide amendments in the Finance Act, 2012 shall be applicable from the date of enactment of the said Finance Act i.e. 28.05.2012 and not from 17.03.2012. 10. Trade Notice/Public Notice may be issued to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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