9911796707
TMI Blog1997 (11) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... aft Paper. They filed their price lists for approval of prices for their product `paper' claiming partial exemption from excise duty under Notification No. 128/77, dated 18-6-1977. The same was approved. Accordingly, the appellants paid the concessional rate of excise duty @ 50% of the effective applicable rate of duty. On verification of sale invoices, however, it was found that they had recovere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under the demand notice, for Rs. 2,29,981.07. In appeal, the Collector of Central Excise confirmed the finding of the Assistant Collector that the amount of duty recovered by the appellants in excess of the effective rate of duty which they actually paid, shall form a part of the assessable value of the goods. However, he also held that show cause notice insofar as it pertains to a period prior ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing refundable on any account whatsoever) allowed in accordance with the normal practice of the wholesale trade at the time of removal in respect of such goods sold or contracted for sale. Explanation. - For the purposes of this sub-clause, the amount of the duty of excise payable on any excisable goods shall be the sum total of - (a) the effective duty of excise payable on such goods under this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uted with reference to the rate specified in such Act, in respect of such goods as reduced so, as to give full and complete effect to such exemption; and (ii) in any other case, the duty of excise computed with reference to the rate specified in such Act in respect of such goods." 4.The explanation to sub-clause (ii) has been inserted by Finance Act, 1992 (14 of 1992) with retrospective effect f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to a decision of the High Court of Bombay in Tata Engineering & Locomotive Co. Ltd. v. Assistant Collector of C.E., reported in 1990 (48) E.L.T. 182 (Bom.) and a decision of the Full Bench of the Karnataka High Court in Union of India & Ors. v. Alembic Glass Industries Ltd. reported in 1992 (61) E.L.T. 193 (Kar.) = (1991) 34 ECC 131 (Kar.) where both the High Courts have taken a similar view dist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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