TMI Blog1970 (7) TMI 27X X X X Extracts X X X X X X X X Extracts X X X X ..... ar within the State of Gujarat. Polyvinyl Chloride Resin Powder (hereinafter for the sake of convenience referred to as P.V.C. Powder) is used by the petitioners for preparing paste which is to be coated on cotton fabrics for the purpose of manufacturing leather cloth. The petitioners admittedly do not manufacture P.V.C. powder but they import it from different foreign countries. On the midnight o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have the effect of levying excise duty on the existing stock of P.V.C. powder held by the petitioners on the midnight of 28th February 1961 since it was imported and not manufactured or produced in India and moreover, even the import was made prior to 1st March 1961. Still, however, the Excise Inspector sent three notices to the petitioners, one dated 24th February 1962, the other dated 8th April ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed the present petition challenging the validity on these notices as also of the order passed by the Assistant Collector confirming these notices. 2. The demand made in the impugned notices as confirmed by the Assistant Collector was for excise duty on the stock of P.V.C. powder held by the petitioners on the midnight of 28th February, 1961. Now it is difficult to see how any excise duty cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or manufactured in India became chargeable to excise duty with effect from 1st March, 1961 but there could be no excise duty on P.V.C. powder imported from foreign countries. The stock of P.V.C. powder held by the petitioners on the midnight of 28th February, 1961 consisted entirely of imported P.V.C. powder and it was, therefore, not liable to excise duty. The demand made in the impugned notices ..... X X X X Extracts X X X X X X X X Extracts X X X X
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