Whether Finance act prevail over notification or Vice-versa ?

[Guest]

Dear Experts,

We (manufacturer) charging excise duty @6% based on the notification no. 12/2012 under tariff no.1790 whereas in the union budget 2015-16 under the same tariff heading the rate of excise duty is given as 12.5%.

which rate to be followed ??

Please revert back to the query

[Guest]

small correction to the above query

tariff heading is 1704 not 1790.

[Rajagopalan Ranganathan]

Sir,

For all goods falling under heading No. 1704 the tariff rate is 12.5% adv. Under Notification No. 12/2012-CE dated 17.3.2012 as amended effective rate (that is, concessional rate) of duty for goods falling under sub-heading 1704 90 is fixed as 6%. 6% duty is applicable only to sugar confectionery (excluding white chocolate and bubble gum) falling under sub-heading 1705 90.

AI Summary

Manufacturer Queries Excise Duty Rate: 6% Under Notification No. 12/2012 vs. 12.5% Union Budget for Tariff Heading 1704 A manufacturer inquired whether to apply a 6% excise duty rate based on Notification No. 12/2012 or a 12.5% rate as per the 2015-16 Union Budget for goods under tariff heading 1704. A correction clarified the tariff heading, and an expert explained that while the tariff rate is 12.5%, the notification allows a concessional 6% rate for certain goods under sub-heading 1704 90, specifically sugar confectionery excluding white chocolate and bubble gum.