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Central Excise - Highlights / Catch Notes

Home Highlights September 2023 Year 2023 This

Capacity based payment of duty - Chewing Tobacco and ...


Court Upholds Duty Calculation Rule for Tobacco Machines; Changes Require Proportional Recalculation Per Section 3A(2)(b) Proviso.

September 8, 2023

Case Laws     Central Excise     HC

Capacity based payment of duty - Chewing Tobacco and Unmanufactured Tobacco Packing Machines - The challenge to Rule 8 must fail when tested on the anvil of the Second Proviso to Section 3A(2)(b). It becomes pertinent to note that the Second Proviso deals with a contingency where the “factor relevant” is altered or modified at any time during the year. It is in such a situation alone that the annual production is liable to be redetermined on a proportionate basis. - HC

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