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TMI BlogWhether GSI Act 1957 and Textile and article of textile act 1978 could be applicable simultaneously on same productX X X X Extracts X X X X X X X X Extracts X X X X ..... We are manufacturer of synthetic wire cloth/fabric of chapter 59 whose alleged intermediateproductos wooven fabric of chapter 54,My request to opine that the whether the said two act of 1957 and 1978 could be applicable on this product simultaneously for raising demand by central excise authority. Regards. G.Goswami - Reply By G GOSWAMI - The Reply = Whether GSI Act 1957 and Textile and a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rticle of Textile Act 1978 could be applicable simultaneously on the same product and same period. The above query is for imposition of Additional Duty of Excise prior to 1995 on the woven fabric of Chapter 54. Kindly enlighten us by your valued opinion. Regards, G.Goswami - Reply By KASTURI SETHI - The Reply = Yes. Both types of duties simultaneously remained in force up to 8.7.200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. AED (GSI) was exempted vide Notification No.32/04-CE dated 9.7.2004 and AED(T) was exempted vide Notification No.31/04-CE dated 9.7.2004. AED GSI was levied in lieu of Sale Tax. Both the duties were levied in addition to BED. In 1986 rate of AED (T) was 13.64 % ( Notification No.48/86-CE dated 10.2.86) and in 1990 rate of AED(T) was 15% ( Notification No.53/90-CE dated 20.3.90) Rates of b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oth duties kept on changing but finally both were exempted w.e.f 9.7.2004. - Reply By YAGAY AND SUN - The Reply = Respected Kasturi Sir, Your replies are amazing! You have a very rich experience and in-depth Knowledge in Indirect Tax matters. We are learning a lot from you 'Sir'. Regards, Team YAGAY and SUN (Management, Business and Indirect Tax Consultants) - Reply By KAS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TURI SETHI - The Reply = Respected M/s.Yagay and Sun, Dear sirs, Thanks a lot. you are legend legal luminaries and such accolades from you is virtually a reward for me. - Reply By Ganeshan Kalyani - The Reply = Good to see experts appreciation each other. This is an encouragement for us. - Reply By G GOSWAMI - The Reply = Respected KASTURI SETHI Ji, Many many t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hanks for your kind opinion. AED (Textile) was leviable on the Basic Excise Duty. If BED is NIL then the AED(T) will also be nil. Again whether Cenvat credit on the AED under GSI Act 1957 will be available. If available since when? I shall be obliged to have your kind opinion in the matter. Regards, G.Goswami 23.12.2015 - Reply By KASTURI SETHI - The Reply = Sh.Ganeshan Kalyan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i Ji, बहुत बहुत धन्यवाद. आप ने ठीक कहा है. यह मेरी मानसिक खुराक है.यह हम ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 66;री मेहनत और ज्ञान की मान्यता है. इसमें सब से बड़ी बात विद्वानों (experts) निष्& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #2325;पटता (sincereity) है. - Reply By KASTURI SETHI - The Reply = Sh.G.Goswami Ji, Cenvat Credit on AED(GSI) was initially allowed vide Notification No.5/02-CE (NT) dated 1.3.2002. At that time credit availed on AED(GSI) could be utilized only towards AED(GSI) . Thereafter, vide Notification No.13/05-CE (NT) dated 1.3.2005 credit was allowed to be uti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lized towards BED or SED. Further it is pertinent to point out that Notification No.32/04-CE dated 9.7.2004 which exempted some goods (including the goods in question i.e. Heading No.54.06 54.07) was rescinded vide Notification No.21/06-CE dated 1.3.2006. Notification No.11/06-CE dated 1.3.2006 exempted all the goods f rom levy of AED(GSI). - Reply By Ganeshan Kalyani - The Reply = Dhan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yawad sir... - Reply By G GOSWAMI - The Reply = Respected KASTURI SETHI Ji, Many many thanks for your kind opinion. We understand from the Notification No.13/2005-CE(NT) Dated 1.3.2005 that credit of AED under 1957 Act may be utilised towards payment of Basic Excise Duty with effect from 01.4.2000 ( explanation of para 3(C) of this notification). Sir, is their any provision/clarification so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the credit of AED under 1957 Act could also be availed prior to April 2000 say 1987 to 1996. We shall be obliged to have your kind opinion in the matter. Regards, G.Goswani 25.12.2015 - Reply By KASTURI SETHI - The Reply = Dear Sh.G. Goswami Ji, Cenvat Credit of AED(GSI) was allowed vide Notification No.8/95-CE(NT) dated 16.3.95 and credit on AED(T) was allowed vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Notification No.5/94-CE(NT) dated 1.3.94. Further amended vide Notification No.21/99-CE(NT) dated 28.2.99. Credit on both duties were not allowed prior to these notifications.But for Notification No.13/05-CE (NT) dated 1.3.05 Credit would have been restricted to the extent of utilizing the same towards these duties only. - Whether GSI Act 1957 and Textile and article of textile act 1978 cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be applicable simultaneously on same product - Query Started By: - G GOSWAMI Dated:- 20-12-2015 Central Excise - Got 11 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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