C. Ex. - Rule 9A - Durability of goods; produced when exempt from the payment of duty but were liable to pay duty at the time of clearance - Supreme Court decision - Regarding
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Excise liability on manufacture can be postponed to removal under Rule 9A, making post withdrawal rates applicable. The Supreme Court held that excise duty is a duty on manufacture but liability to pay may be postponed until removal under Rule 9A; accordingly, goods manufactured before withdrawal of exemption remain excisable and may be charged at the rate prevailing on the date of removal. The Board has withdrawn prior instructions that protected certain pre budget stocks from duty and directed application of Rule 9A for rate determination and levy on removal.
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.
Excise liability on manufacture can be postponed to removal under Rule 9A, making post withdrawal rates applicable.
The Supreme Court held that excise duty is a duty on manufacture but liability to pay may be postponed until removal under Rule 9A; accordingly, goods manufactured before withdrawal of exemption remain excisable and may be charged at the rate prevailing on the date of removal. The Board has withdrawn prior instructions that protected certain pre budget stocks from duty and directed application of Rule 9A for rate determination and levy on removal.
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