9911796707
TMI Blog1996 (12) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... al Excise Tariff Act, 1985, came into force on 28th February, 1986. It substituted the Schedule in the Central Excises and Salt Act, 1944, whereunder, till then, the Excise Tariff was prescribed. Prior to 28th February, 1986, exemption notifications issued under Rule 8 of the Central Excise Rules had been in force. They ceased to have effect on the coming into force of the Tariff Act on 28th February, 1986. They were replaced by other exemption notifications, though not precisely in the same terms. The process of issuance of these exemption notifications took some months. It was realised that by reason thereof manufacturers of exempted items would have to pay duty for the periods between the date on which the new tariff came into force and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 1st day of March, 1986. (2) The duties of excise which have been collected, but which would not have been so collected if the said notification had been in force at all material times, shall be refunded : Provided that no such refund shall be allowed where credit of the duties of excise has been taken under Rule 56A or, as the case may be, Rule 57A of the Central Excise Rules, 1944, or where the goods on which the duties of excise have been paid have been exported under a claim for rebate of such duties." [The date on which the Central Duties of Excise (Retrospective Exemption) Bill was introduced was 8th August, 1986.] 2. The exemption notification that concerns us in this appeal was issued on 3rd April, 1986, and it reads, so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ene glycel 54 or 55 Polyester staple fibre and tow, including tops, and polyester filament yarn." The said notification was amended on 3rd April, 198 6 thus : "In the Table annexed to the said notification, after S. No. 6 and the entries relating thereto, the following shall be inserted, namely : (1) (2) (3) (4) (5) *** *** *** 11. 29 Acrylonitrile 59.03 Acrylic fibre *** *** *** " It was further amended on 3rd April, 198 6 to insert the following : (1) (2) (3) (4) (5) 17. 2907.90 Vinyl acetate monomer 55.01 Acrylic fibre 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isable goods described as final products in the Table thereof from so much of the excise duty leviable thereon as was equivalent to the excise duty leviable under the Excise Act or to the additional duty leviable under the Customs Tariff Act and had already been paid on the goods described as inputs in the [corresponding] entry of the Table. Excise duty upon the final product was exempted. It was exempted to the extent of the excise duty or the additional duty paid on the input, as the case may be. On a plain reading of the said notification, the appellants were entitled to its benefit both in regard to the excise duty and the additional duty that they had paid on the inputs aforementioned used to manufacture the final products aforemention ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
