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TMI Blog2003 (9) TMI 261X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the Central Excise duty and interest are demandable from them. 2. Shri B.L. Narsimhan, learned Advocate, submitted that the appellants manufacture electrical insulators; that they receive purchase orders for the projects being implemented by West Bengal State Electricity Board, being financed by Japan Bank for International Cooperation, for the supply of electrical insulators; that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without payment of duty only after obtaining the necessary certificates from the project authority and the permission of the jurisdictional Deputy Commissioner to clear the goods; that the permission granted by the Deputy Commissioner has attained finality, which has not been challenged under Section 35E of the Central Excise Act; that further, Rule of fairness as well as the principle of promiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 3 of the Central Excise Act, the duty of excise is levied and collected on excisable goods which are produced or manufactured in India as and at the rates set forth in the Schedule to the Central Excise Tariff Act; that Section 5A of the Act empowers the Central Government to exempt payment of duty by Notification in the Official Gazette. The Central Government in exercise of the said power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion from payment of duty under Notification No. 108/95-C.E. is not available to the excisable goods manufactured and removed by the appellants. It is a settled law that the Principle of Estopples does not apply to fiscal statute. The duty as leviable under the Central Excise Act is to be paid, unless and until, it is exempted by Notification issued under Section 5A. Accordingly, they are liable to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. Sub-section (2) of Section 11AB clearly provides that the provisions of sub-section (1), under which interest is demanded on delayed payment of duty, is not applicable to the case where the duty is payable or ought to have been paid before the date on which Finance Bill, 2001 receives the assent of the President. The Finance Bill, 2001 has received the assent of the President on 11-5-2001. Acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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