9911796707
TMI Blog1973 (6) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... edit Certificate (Excise Duty on Excess Clearance) Scheme, 1965 (hereinafter referred to as " the scheme "), for the financial year 1966-67. The basis on which the petitioner claims the tax credit certificate has not been clearly stated in the petition. In the course of the hearing, learned counsel for the petitioner explained that this claim was made on the basis of the quantity of a particular quality of paper manufactured by the petitioner and cleared by it during the relevant financial year from a particular factory. On such basis the claim made by the petitioner amounted to Rs. 9,88,893.18, the break-up of which has been set out in annexure " B " to the petition. The respondent No. 2 by an order dated 2nd February, 1968, restricted the claim of the petitioner to Rs. 4,19,375. In calculating the amount for which tax credit certificate was granted, the Central authority, the Deputy Director of Inspection, Customs and Central Excise, being respondent No. 2, proceeded on the basis that any individual manufacturing unit is not entitled to claim this benefit. According to him under section 280ZD of the Act a " person " as defined in section 2 of the Act is entitled to a tax credit c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax credit certificate granted to any person can be adjusted against any existing liability of such person under the Indian Income-tax Act, 1922, or the Act or any such liability arising out of a period of 12 months from the date on which the certificate is produced before the Income-tax Officer, and the amount, if any, remaining after such adjustment will be refunded to the person on the expiry of the period. Under section 280ZE the Central Government has been given the power to frame one or more scheme or schemes to be called Tax Credit Certificate Schemes in relation to tax credit certificates to be granted. A Scheme has been framed by the Central Government under notification dated 5th November, 1965. Under clause 5 of the Scheme a person eligible for the grant of a tax credit certificate in respect of any class of goods has to make an application to the Central authority in Form " A " in respect of each financial year for which he is so eligible and such application shall be accompanied by a declaration in Form " B " of the goods cleared or deemed to have been cleared in the base year and the goods cleared in the relevant financial year. Such application is to be verified by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticed that the First Schedule to the Central Excises and Salt Act, 1944, enumerates different items, which give the descriptions of the excisable goods of each item. Although the description of the goods is of a generic nature, there are various qualities, varieties of products each of which can be termed and classified as distinct and separate class of goods as the said goods constitute a different article which ordinarily come to the market in that variety to be bought and sold. To take an illustration, item 17 gives the description of the goods as papers (all sorts) in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power. Out of varieties and qualities of such papers some have been set out, viz., cigarette tissue, blottings, toilet, type-writing paper, bank paper, bond paper, art paper, stamp paper, parchment and coated boards, boards for plain cards and others. It can hardly be said that blottings and bond papers or cigarette tissue or type-writing papers constitute one class of goods. Each one constitutes an article of a distinct variety and quality and comes to the market to be bought and sold with their distinctive quality and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the goods manufactured or produced. Item No. 4 requires the particulars of factories and clearances to be furnished and a declaration in Form " B " should be attached in respect of each factory. In the various columns under Item No. 4 of Form " A ", column No. 2 specifically sets one the name and the location of the factory. Column No. 4 sets out the clearances during the base year. Column No. 5 refers to clearances during the financial year. Column No. 6 has to show the excess as plus or shortfall as minus. Item No. 6 of the same form requires the amount for which tax credit certificate is claimed to be specified. Under the said Item a work-sheet showing detailed calculation in respect of each factory is to be attached. In the declaration which is to be signed by the appropriate person, it has to be set out that there has been no omission of the particulars of any factory manufacturing the class of goods given under Item No. 3 and no claim for tax credit certificate in respect of such goods cleared by any of the factories shown in the application has been lodged during the financial year. The tax credit certificate is to be given in Form " C " which appears in Schedule II to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
