9911796707
TMI Blog2017 (5) TMI 378X X X X Extracts X X X X X X X X Extracts X X X X ..... ction with the said activity, the respondents have been regularly importing steam coal classifiable under the heading 2701 and tariff item 2701 19 20. Steam coal classifiable under the tariff item 2701 19 20 was subject to basic customs duty of 5% in terms of Notification No.218/200-Cus dt. 01/03/2002 (Sl.No.124) the CVD on steam coal was 5% Notification No.21/2002-Cus has been superseded by Notification No.12/2012-Cus dt. 17/03/2012. By Union Budget, vide Sr.No.123 of Notification No.12/2012-Cus dt. 17/03/2012, steam coal classifiable under tariff item 2701 19 20 has been exempted from basic customs duty and exempted from CVD in excess of 1%. Notifications No.28/2010-CE and No.29/2010-CE both dt. 22/06/2010 provided for exemption from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich exempted Clean Energy Cess from E. Cess an S.H.E. Cess. 18.1 For the sake of clarity on this finding, relevant portions of the Joint Secretary, TRU I, CBEC, Ministry of Finance, summarizing the Budget 2015 proposals are reproduced below. Letter D.O.F. No.334/5/2015-TRU New Delhi, the 28th February 2015. of the Joint Secretary, TRU I CBEC, Ministry of Finance. Dear Chief Commissioner/Principal Commissioner, The Finance Minister has introduced the Finance Bill, 2015 in Lok Sabha today, i.e., 28th February, 2015. Changes in Customs and Central Excise law and rates of duty have been proposed through the Finance Bill, 2015 (clauses 80 to 89, 163, 164 for Customs and clauses 90 to 104, 163, 164, 184 and 188 for Central Excise). 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re being amended so as to substitute the rate of 12% with 1.5%. Notification No.16/2015-Central Excise, dated 1st March, 2015 refers. (6) Notification No.28/2010-Central Excise and no.29/2010-Central Excise, both dated 22th June, 2010 exempt the levy of Education Cess and Secondary & Higher Education Cess on the clean energy cess leviable on coal. Since Education Cess and Secondary & Higher Education Cess are being exempted on excisable goods in general, notifications No.28/2010-Central Excise and No.29/2010-Central Excise, both dated 22nd June, 2010 are being rescinded. Notification No.17/2015-Central Excise, dated 1st March, 2015 refers. (emphasis added) The very that the Government found it necessary to issue a separate Notificatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... necessity for the Government to issue Notification No.17/2015-Central Excise, dated 1st March, 2015 rescinding Notifications No.28/2010-Central Excise and No.29/2010-Central Excise, which had already exempted the levy of Education Cess and Secondary & Higher & Education Cess on the Clean Energy Cess leviable on coal much earlier on 22nd June, 2010. 19. view of our foregoing discussions, we have no difficulty in concluding that exemption from E. Cess and S.H.E. Cess under Notifications No.28 and 29/2010 both dated 22-6-2010 is applicable only with, respect to Clean Energy Cess levied under the Finance Act, 2010, but will not be applicable with respect to Central Excise duty levied on coal w.e.f. 1-3-2011. The issue answered in favour of R ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
