The summary is as follows: The automobile cess is levied under the Industries (Development Regulation)...

The summary is as follows: The automobile cess is levied under the Industries (Development Regulation) Act, 1951, and the Automobile Cess Rules, 1984, while the education cess and secondary and higher education cess are levied by the Ministry of Finance. The Circular No. 978/2/2014-CX dated 07.01.2014 clarified that education cess shall be levied only on such duties of excise/customs which are both levied and collected by the Department of Revenue. The Tribunal, in the case of TAFE LTD. VERSUS COMMISSIONER OF CENTRAL EXCISE, MADURAI, held that no education cess is liable to be demanded as a percentage of automobile cess since the automobile cess was not levied by the Central Government in the Ministry of Finance (Department of Revenue), though collected by officers of that department. Consequently, the impugned order is set aside. .....

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