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1996 (10) TMI 76 - SC - Central ExciseWhether the plastic piece parts fell outside the ambit of Entry 15A(2) as sought to be amended with effect from 28th February 1982 and were then liable to excise duty under Entry 68? Held that - The plastic piece parts were even under the unamended Entry 15A exigible to excise duty but by reason of the Exemption Notification exempted from the payment thereof. That consequent upon the amended Entry 15A the plastic piece parts would become liable to the payment of excise duty did not mean that there was an imposition of excise duty upon them or that they became liable thereto under Entry 68 not when the said Bill was enacted but from 28th February 1982. It cannot be held that in advancing the argument which the Tribunal accepted as we do the Revenue made an attack on its own declaration. The revenue was entitled to urge the true scope of the declaration as applying only where there was in fact an imposition or increase in excise duty by virtue of the said Bill. Appeal dismissed.
Issues:
1. Interpretation of the Provisional Collection of Taxes Act, 1931 in relation to the imposition of excise duty. 2. Determination of the effect of a declaration made under the said Act on excise duty liability. 3. Classification of plastic piece parts under Entry 15A(2) and Entry 68 of the Central Excise Tariff. 4. Assessment of excise duty liability on plastic piece parts following an amendment to Entry 15A(2). Detailed Analysis: The judgment by the Supreme Court of India, delivered by Justice Bharucha, pertains to the interpretation of the Provisional Collection of Taxes Act, 1931, in the context of excise duty imposition. The case involved the classification of plastic piece parts manufactured by the appellants under Entry 15A(2) of the Central Excise Tariff and their exemption from excise duty under Notification No. 68/71. The Finance Bill of 1982 proposed an amendment to Entry 15A, which would have resulted in the plastic piece parts falling under a different category, namely Entry 68, making them liable to excise duty. The appellants argued that the amendment brought about an imposition of excise duty on the plastic piece parts and that the declaration made under the Provisional Collection of Taxes Act, 1931, rendered the amended Entry 15A(2) effective from the day of the Bill's introduction, i.e., 28th February 1982. They contended that the parts were now liable to duty under Entry 68. However, the Court disagreed, stating that the Act only considers amendments that impose or increase duties, not exemptions. The plastic piece parts were always exigible to excise duty but were exempted under the Notification. The amendment did not impose duty; it only removed the exemption, making them liable to duty from 28th February 1982. The Court upheld the Revenue's argument that the declaration under the Act applies only when there is an actual imposition or increase in excise duty due to the Bill. The Revenue was within its rights to clarify the scope of the declaration. Consequently, the Tribunal's decision, which classified the parts under Entry 68 only upon the enactment of the Bill, was affirmed. The appeal was dismissed, with no costs awarded. In conclusion, the judgment clarifies the limited scope of the Provisional Collection of Taxes Act, 1931, in relation to excise duty amendments and exemptions. It underscores the distinction between imposition of duty and removal of exemptions, emphasizing that the Act only triggers immediate effect for duty changes, not exemption alterations. The decision provides clarity on excise duty liability concerning the classification of goods under different tariff entries and the impact of legislative amendments on such classifications.
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