This case deals with the applicability of Special Additional ...

Special Economic Zone unit's exports exempt from additional excise duties despite notifications.

Case Laws     Central Excise

August 30, 2024

This case deals with the applicability of Special Additional Excise Duty (SAED) levied u/s 147 of the Finance Act, 2002, and Additional Duty of Excise (AED) levied as Road and Infrastructure Cess u/s 112 of the Finance Act, 2018, on goods manufactured and exported by a unit located in a Special Economic Zone (SEZ). The key points are: 1) SAED and AED are additional duties levied on excisable goods under the Central Excise Act, 1944. 2) Section 3 of the Central Excise Act excludes goods produced or manufactured in SEZs from excise duty. 3) Sections 147 and 112 of the Finance Acts mandate that SAED and AED shall be levied and collected as per the Central Excise Act provisions. 4) The Notifications attempting to levy SAED and AED on SEZ units are subordinate legislation and cannot override the primary legislation (Central Excise Act and Finance Acts). 5) The SEZ Act, 2005, has an overriding effect on any inconsistent provisions of other laws regarding SEZ units. 6) Since the SEZ Act exempts duties on goods manufactured in SEZs, it overrides the Finance Acts' provisions regarding SAED and AED on.

View Source