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2016 (8) TMI 986 - MADRAS HIGH COURT

2016 (8) TMI 986 - MADRAS HIGH COURT - 2016 (340) E.L.T. 47 (Mad.) - Recovery of central excise duty clearance of sabudana Exemption Notification No.12/2013-CE dated 01.03.2013 - section 11C of the Central Excise Act, 1944 Held that: - the Government of India by an order dated 15.03.2016, has rejected the petitioner's request for grant of exemption - prayer sought for in the Writ Petitions become infructuous. - Issues raised on grounds of merits issues raised on grounds of limitation .....

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ing on behalf of the respondent and with the consent of learned counsel appearing on either side, these Writ Petitions are taken up for final disposal. 2. The petitioner is a Manufacturer of Tapioca Sago (Sabudana) and he has filed W.P.No. 29770 of 2015, to forbear the first respondent from in any manner proceeding to assess or recover central excise duty on the clearance of Sabudana for the period between 1.3.2011 and 28.2.2013 pending disposal of the application dated 4.4.2015 filed by the pet .....

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ufactured from starch at 1%. The present petitioner and their Association viz. the fourth respondent and other similarly placed persons submitted representations to the Government requesting for grant of exemption from levy of excise duty on the clearances of Tapiacop Sago. The Government acceded to their request and by Notification No.12/2013-CE dated 01.03.2013, granted exemption and the grant on duty was 'Nil'. However, the benefit of the Notification dated 01.03.2013, was prospective .....

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