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of <h1>Tribunal upholds duty payment rule for post-17.00 clearance, emphasizing duty undertaking for manufacturers.</h1> <h3>MANGLAM CEMENT LTD. Versus COLLECTOR OF CENTRAL EXCISE, JAIPUR</h3> MANGLAM CEMENT LTD. Versus COLLECTOR OF CENTRAL EXCISE, JAIPUR - 1999 (105) E.L.T. 463 (Tribunal) Issues:1. Interpretation of Rule 224(2A) of the Central Excise Rules, 1944 regarding payment of differential duty on cement.2. Application of the Provisional Collection of Taxes Act (P.C.T. Act) in relation to the budget day and duty rates.3. Analysis of conflicting judgments in J.K. Synthetics Ltd. v. Collector and Indian Explosives Ltd. v. C.C.E.4. Examination of the purpose and effect of Rule 224(2A) in preventing duty avoidance.5. Consideration of the notification regarding the enhancement of basic excise duty on cement.Analysis:1. The case revolves around the appellants' obligation to pay differential duty on cement cleared after 17.00 hours on the budget day, as per Rule 224(2A). The appellants contested the payment of special excise duty (S.E.D.) due to its withdrawal in the budget proposals. The Assistant Collector upheld the duty payment, leading to the appeal.2. The key argument presented was the interpretation of Rule 224(2A) vis-a-vis the P.C.T. Act. The appellant relied on the J.K. Synthetics judgment, emphasizing that duty rates proposed in the budget take effect from 00.00 hours of the following day. However, the Revenue contended that Rule 224(2A) mandates payment of enhanced duty for clearances after 17.00 hours on the budget day, irrespective of the P.C.T. Act.3. The Tribunal analyzed the conflicting judgments in J.K. Synthetics and Indian Explosives to harmonize the provisions of Rule 224 and the P.C.T. Act. While J.K. Synthetics appeared to dilute Rule 224(2A), Indian Explosives underscored the distinction between new imposts and rate enhancements. The Tribunal concluded that both provisions serve distinct purposes and do not conflict.4. The purpose of Rule 224(2A) was elucidated as a measure to prevent duty avoidance by manufacturers exploiting public knowledge of budget proposals. The Tribunal emphasized that once a manufacturer avails of the relaxation to clear goods post-17.00 hours on the budget day, they are bound by the duty undertaking, as supported by judicial precedents.5. Lastly, the Tribunal noted the enhancement of basic excise duty on cement through a notification, distinct from the Finance Bill 1993. This enhancement did not fall under the purview of the P.C.T. Act, rendering the J.K. Synthetics judgment inapplicable to the case. Consequently, the appeal was dismissed based on a comprehensive analysis of the legal provisions and precedents cited.
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