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Central Excise - Highlights / Catch Notes

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Excisable goods - even though the product in this case is ...

Case Laws     Central Excise

October 26, 2021

Excisable goods - even though the product in this case is marketable, it does not answer to the question of ‘excisable goods’ as, practically there can be no levy of duty thereupon in the absence of a stipulated rate and applicable rate of duty. Thus, notwithstanding that the language of Section 125(h) of the SVLDRS Scheme uses the phrase ‘with respect to excisable goods set forth in the Fourth Schedule to the Central Excise Act, 1944’, the use of the word ‘excisable’ cannot be seen to be cosmetic, but must contain some purpose - Mere mention of the commodity without the rate of tax would serve no purpose as far as excisability is concerned. - HC

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