Nill Rate of Additional Excise Duty applicable on the day of clearance for yarn

Last updated: 12 October 2023

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Quick Summary

The CESTAT, Ahmedabad has ruled that the effective NIL rate of Additional Excise Duty (AED) on the day yarn was cleared for sale is applicable for calculating AED. This decision overturned a demand for AED on yarn manufactured before a notification that removed the duty. The tribunal clarified that while goods were taxable at the time of manufacture, the rate applicable for duty calculation is determined by the clearance date.

Court :
CESTAT, Ahmedabad

Brief :
The CESTAT, Ahmedabad in the case of M/s. Emtee Poly Yarn Pvt. Ltd. v. C.C.E. & S.T. VAPI [Excise Appeal No. 11418 of 2014 dated September 11, 2023] allowed the appeal and set aside the demand, holding that the effective NIL rate of Additional Excise Duty ("A.E.D.") on the day of clearance would be applicable for the purpose of calculation of A.E.D.

Citation :
Excise Appeal No. 11418 of 2014 dated September 11, 2023

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1 Year PLAN

1999

(Excl. of GST ₹359)

2 Years PLAN

3499

(Excl. of GST ₹629)

BEST VALUE

3 Years PLAN

4999

(Excl. of GST ₹899)

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Judgement posted by

Bimal Jain

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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