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TMI Blog2015 (4) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... fect increasing the rate of duty on the Cigarette. However, this amendment was not accompanied by a declaration under section 3 of the PCT Act. The Finance Bill as amended, received the President's assent on 28.05,2012 - whether enhanced rates of duty as per the amendment introduced on 08.05.2012 would be applicable w.e.f. 17.03.2012 - Held that:- Since, both the sides agree that the issue inv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use 141 of the Finance Bill, 2012 read with 7th Schedule. This enhancement of the rate of duty on Cigarettes was accompanied by a declaration under Section 3 of the Provisional Collection of Taxes Act, 1931, (hereinafter referred to as PCT Act) and accordingly, the enhanced rates were effective from 17.03.2012. Subsequently, on 08.05.2012, the Government introduced an amendment to clause 141 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndment moved on as 08.05.2012. It is on this basis that the Commissioner vide order in original dated 30.12.2013 confirmed the duty demand of ₹ 10,23,61,298/- against the appellant along with interest thereon under section 11AB and imposed penalty of ₹ 50 lakh on them under Rule 25(1) of the Central Excise Rule, 2002. Against this order of the Commissioner, this appeal has been filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in terms of clause 141 of the Finance Bill, 2012, that this issue now stands decided in favour of the appellant in view of the board's circular no. 981/5/2014-Cxdated 11.02.2014 wherein it has been clarified that since the amendment to the Finance Bill, 2012 moved on 08.05.2012 was not accompanied by declaration under section 3 of the PCT Act, the enhanced rate announced in terms of the amend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he judgment of the Tribunal in the case of MS ATC Ltd. vs CCE Chennnai-III (Supra) in which this circular has been followed. 5. We have considered the submissions from both the sides and perused the records. Since, both the sides agree that the issue involved in this case is covered in favour of the appellant by the Board's Circular No. 981/05 dated 11.02.2014, which has been followed by Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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