9911796707
TMI BlogPayment of Additional Excise Duty and Special Additional Excise Duty on Motor Spirit and High Speed Diesel exported under BondX X X X Extracts X X X X X X X X Extracts X X X X ..... at a point has been raised whether the Additional duty of Excise (AED) and Special Additional Excise Duty (SAED) are payable on Motor Spirit and High Speed Diesel exported under Bond. The issue has been raised in respect of following duties: (a) AED on Motor Spirit levied under section 111 of the Finance Act, 1998 read with section 167 of the Finance Act, 2003. (b) AED on High Speed Diesel (w. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rpose of rule 13 or rule 19 of the respective Central Excise Rules, should be the same as defined in rule 2(e)of the Central Excise Rules, 2002 which refers only to "duty" payable under section 3 of the Central Excise Act , 1944. (ii) There is no notification governing the conditions and procedures for goods to be exported under Bond which does not require payment of additional duty of excise or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise leviable under the respective Finance Acts. Therefore, by virtue of this provisions, rule 19 of the Central Excise Rules, 2002 or rule 13 of erstwhile Central Excise Rules, 1944 has been applicable to even to the aforementioned duties of excise namely AED and SAED levied under respective Finance Act. 4. Further, the issue before Supreme Court in Modi Rubber case (supra) was relating to exe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply to objections raised by C AG on the issue may be given in the light of the legal position given above. Pending show cause notices except, in cases where they were issued on receipt of objections raised by C AG, may be finalized accordingly. Protective demands raised consequent to objections raised by C AG may be transferred to Call Book as per the existing instructions. 8. Trade and field f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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