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2015 (2) TMI 1008 - AT - Central ExciseEnhancement in rate of duty - Enhancement from date of Finance Bill or from the date it received the assent of President - Held that - Issue is no more res integra in view of the Board s Circular F. No. 345/01/2013-TRU dated 11.2.2014 in respect of effective date of levy of excise duty on cigarettes at the enhanced rate vide Finance Act, 2012. The Board has clarified that the amendment in the Finance Act, 2012, shall be applicable from the date of enactment of the said Finance Act i.e. on 28.5.2012 and not from 17.3.2012. - Finance Act, 2012 shall be applicable only from 28.5.2012; date of assent. Accordingly, we set aside the impugned order - Decided in favour of assessee.
Issues: Application for extension of stay order, dispute related to demand of duty for the period from 17.3.2012 to 27.5.2012, interpretation of effective date of levy of excise duty on cigarettes at the enhanced rate vide Finance Act, 2012.
The judgment pertains to an application for the extension of a stay order, where the issue involved is the demand of duty for a specific period. The appellants are involved in manufacturing cigarettes of a certain length, and the dispute centers around the rate of excise duty applicable to these cigarettes. The Finance Bill, 2012 proposed an increase in the duty rate, which came into effect on 17.3.2012. However, the actual amendment to the rate of duty for cigarettes exceeding 65mm was enacted on 28.5.2012. The key question was the effective date of the levy of excise duty at the enhanced rate. The judgment refers to a Board's Circular clarifying that the amendment in the Finance Act, 2012 would be applicable from the date of enactment of the said Finance Act, i.e., 28.5.2012, and not from the earlier date of 17.3.2012. The tribunal, after hearing both sides and examining the records, concluded that the Finance Act, 2012 should only be applicable from 28.5.2012. Consequently, the impugned order was set aside, and the appeal was allowed with any consequential relief. The miscellaneous application for extension of stay was also disposed of in light of this decision. The judgment was dictated and pronounced in open court, signifying the finality of the decision on the issue of the effective date of the levy of excise duty on cigarettes at the enhanced rate as per the Finance Act, 2012.
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