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TMI BlogNotification 38/99-Central Excise, dated 16-9-99 - Supreme Court Decision in the case of M/s. Hyderabad Industries Ltd. regarding Changing section for levy of additional duty of customs - reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... w Delhi Subject : Notification 38/99-Central Excise, dated 16-9-99 - Supreme Court Decision in the case of M/s. Hyderabad Industries Ltd. regarding Changing section for levy of additional duty of customs - reg. I am directed to refer to the notification 38/99-Central Excise, dated 16-9-1999 which amends notification Nos. 2/95-C.E., dated 4-1-1995, 20/97-C.E., dated 11-4-1997 and 13/98-C.E., date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -1995, 20/97-C.E., dated 11-4-1997 and 13/98-C.E., dated 2-6-1998, concessional excise duties equal to 50%, 50% and 30% of the aggregate of such customs duties respectively, have been prescribed in respect of the DTA clearances of the goods specified under the respective notifications. 3. In the case of M/s. Hyderabad Industries Ltd. [1999 (108) E.L.T. 321], the Hon'ble Supreme Court has held tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8-C.E. As a result, duty on DTA clearances by EOUs, etc. will be computed in the same manner as was being done before but with one change. 5. The change is that the excise duty payable under the said notifications is subject to the statutory ceiling prescribed in terms of the proviso to sub-section (1) of section 3 of the Central Excise Act, 1944. This aspect is illustrated below with two example ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffective rate of basic customs duty on the product X above is 25% (surcharge 2.5%), then the computation will be as follows : Maximum excise duty payable in terms of proviso to section 3(1) = 25% Aggregate of customs duties leviable under the Customs Act or under any other law in force (equal to the duty in terms of notification No. 2/95-C.E. leviable prior to the said judgment) Excise duty pay ..... X X X X Extracts X X X X X X X X Extracts X X X X
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