Whether Finance act prevail over notification or Vice-versa ?

[Asked by 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

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

Excise duty rate conflict: notification may grant concessional rate for specific sub heading while Finance Act sets general rate.
The Finance Act sets a general excise duty rate of 12.5% for heading 1704, while Notification No. 12/2012 CE, as amended, fixes an effective concessional rate of 6% for goods falling under a stated sub heading (cited as 1704 90 in one comment). The concessional 6% is described as applicable only to sugar confectionery, excluding white chocolate and bubble gum, referenced under a sub heading in the notification.