Excise duty liability and refund

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Muthuraj (Querist)

18 February 2010 In the forthcoming budget, the rate of excise duty is getting increased from 8% to 10%. So wef the day of budget, we have to increase the rate of duty to 10% on all the goods. My question is whether goods removed from factory to depot where duty has been already paid, require to be cleared from the depot has to charge 8% or 10% to the customer? Whether Differential duty of 2% is to be paid to the government? Please clarify...

Likewise, IN CASE, if the rate of duty is getting decreased from 8% to 6% (for example), then depot contains only duty paid goods at the rate of 8% and when i clear the goods from depot to customer i will charge duty only @ 6%. The 2% duty is excessively paid, when i was removed the goods from factory. CAN I GET REFUND FOR THE EXCESS DUTY PAID? PLEASE CLARIFY... SUPPORTING WITH RELEVANT PROVISIONS / CASE LAWS / NOTIFICATION, ETC., Thanks in advance...

ANIL JANGID

ANIL JANGID (Expert)

21 February 2010 In my views for depo case goods removed from factory to depot where duty has been already paid, require to be cleared from the depot has to charge 8% no need to decrease/increase

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