https://www.taxtmi.com/caselaws?id=65892 The levy under the Vegetable Oils Cess Act, 1983 was treated according to its substance, not its label, because the statutory scheme showed it to be a duty of excise on vegetable oils produced in mills in India, with refund and exemption provisions aligned to the Central Excise framework. The fact that the proceeds were first credited to the Consolidated Fund of India also supported its character as a statutory tax-like impost. On that basis, the amount was held to be a duty or tax and was liable to disallowance under section 43B, so the assessee's claim failed. en-us Tue, 23 May 1995 00:00:00 +0530 Sat, 19 Feb 2011 11:18:37 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=65892 The levy under the Vegetable Oils Cess Act, 1983 was treated according to its substance, not its label, because the statutory scheme showed it to be a duty of excise on vegetable oils produced in mills in India, with refund and exemption provisions aligned to the Central Excise framework. The fact that the proceeds were first credited to the Consolidated Fund of India also supported its character as a statutory tax-like impost. On that basis, the amount was held to be a duty or tax and was liable to disallowance under section 43B, so the assessee's claim failed. Case-Laws Income Tax Tue, 23 May 1995 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=65892