Clarification regarding inclusion of cesses, surcharge, duties, etc. levied and collected under legislations other than Customs Act, 1962, Customs Tariff Act, 1975 or Central Excise Act, 1944 in Brand Rate of duty drawback
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Inclusion of cesses in Brand Rate of duty drawback clarified; specified cesses included, stowage excise excluded. Clarifies inclusion and exclusion of specific levies in the Brand Rate of duty drawback: Education cess, Secondary and Higher Education cess, Social Welfare Surcharge and Clean Environment cess are to be factored into Brand Rate calculations because they operate as duties of Customs/Excise and are subject to Customs/Central Excise provisions and Drawback Committee treatment; Stowage Excise duty under the Coal Mines Act is not covered by Customs/Central Excise refund or drawback provisions and must not be included.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Inclusion of cesses in Brand Rate of duty drawback clarified; specified cesses included, stowage excise excluded.
Clarifies inclusion and exclusion of specific levies in the Brand Rate of duty drawback: Education cess, Secondary and Higher Education cess, Social Welfare Surcharge and Clean Environment cess are to be factored into Brand Rate calculations because they operate as duties of Customs/Excise and are subject to Customs/Central Excise provisions and Drawback Committee treatment; Stowage Excise duty under the Coal Mines Act is not covered by Customs/Central Excise refund or drawback provisions and must not be included.
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