1997 (11) TMI 103

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..... y can, therefore, exclude only 50% of the duty which they have paid, being the effective duty of excise, from the value of the excisable goods. The balance amount if they have charged it from the customers, will form a part of the value of the goods for the purpose of calculation of excise duty. This explanation has been inserted by Finance Act, 1982 (14 of 1982) with retrospective effect from 1-10-1975 and it applied to the present case.
Sujata V. Manohar and D.P. Wadhwa, JJ. [Order]. - The appellant M/s. Pravara Pulp & Paper Mills are manufacturer of Craft Paper. They filed their price lists for approval of prices for their product `paper' claiming partial exemption from excise duty under Notification No. 128/77, dated 18-6-1977. The .....

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..... ill not be valid and no amount for the period prior to the statutory period of six months shall be recoverable; being hit by the time limit prescribed in Rule 10 (now Section 11A). This order has been confirmed by the Central Excise & Gold (Control) Appellate Tribunal. Hence the present appeal has been filed before us. 3.Under Section 4(4)(d) of the Central Excises & Salt Act, 1944, "value" in relation to any excisable goods is defined as under : "(d) "Value" in relation to any excisable goods, - (i) ........ (ii) does not include the amount of the duty of excise, sales tax and other taxes, if any, payable on such goods and, subject to such rules as may be made, the trade discount (such discount not being refundable on any account whats .....

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..... ted by Finance Act, 1992 (14 of 1992) with retrospective effect from 1-10-1975 and it applied to the present case. 5.Therefore, in the light of the explanation, what the appellants are entitled to exclude from the value of excisable goods is the effective duty of excise payable by them on these goods after taking into account the exemption Notification. They can, therefore, exclude only 50% of the duty which they have paid, being the effective duty of excise, from the value of the excisable goods. The balance amount if they have charged it from the customers, will form a part of the value of the goods for the purpose of calculation of excise duty. This explanation has been inserted by Finance Act, 1982 (14 of 1982) with retrospective effec .....

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