TMI Blog1999 (12) TMI 60X X X X Extracts X X X X X X X X Extracts X X X X ..... eal by special leave is directed against the judgment and order of the Full Bench of the High Court of Orissa dated 2nd of December, 1994. 2.Brief facts giving rise to the present appeal are as follows. 3.The appellant imported into the State of Orissa Indian made foreign liquor and stored it in a licensed bonded warehouse from where the liquor was to be released for sale. While liquor was so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... C. No. 1971 of 1991, decided on 20-9-1993). The Division Bench felt that the two decisions noticed above needed re-consideration. A reference was accordingly made to the Full Bench and that is how the matter was decided by the Full Bench. 4. Heard learned counsel for the parties. 5. "Excise duty" and "countervailing duty" are well known concepts and are attracted in different situations. "Exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he other hand provides for the ways for levying the duty which can be imposed under Section 27. Section 28 deals with the manner of levying duty imposable under Section 27 of the Act in different manners. Though countervailing duty or excise duty are required to be assessed and collected as soon as the taxable event arises, a facility for postponement of collection of excise duty is envisaged unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntervailing duty from the appellant in the established facts and circumstances of the case was perfectly justified. The fact that the liquor was rendered unfit for human consumption and destroyed, after its import, which by itself attracted the levy of duty could not wipe of the liability of the appellant for payment of duty on the excisable goods, after their import, in the bonded warehouse. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
