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    <title>2013 (7) TMI 437 - CESTAT NEW DELHI</title>
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    <description>Refund of education cess and secondary and higher education cess on goods fully exempt from excise duty was held inadmissible. The Tribunal noted the consistent view that, even where basic excise duty is not payable because the goods are exempt, education cess may still be computed on the aggregate of duties on a notional basis. It also relied on the Ministry of Finance clarification that no education cess is leviable only where there is no collection of duty on exempt or nil-duty clearances. As the refund claim was not supported by the governing notification or law, the claim failed against the assessee.</description>
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    <pubDate>Wed, 20 Mar 2013 00:00:00 +0530</pubDate>
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      <title>2013 (7) TMI 437 - CESTAT NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=235279</link>
      <description>Refund of education cess and secondary and higher education cess on goods fully exempt from excise duty was held inadmissible. The Tribunal noted the consistent view that, even where basic excise duty is not payable because the goods are exempt, education cess may still be computed on the aggregate of duties on a notional basis. It also relied on the Ministry of Finance clarification that no education cess is leviable only where there is no collection of duty on exempt or nil-duty clearances. As the refund claim was not supported by the governing notification or law, the claim failed against the assessee.</description>
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      <pubDate>Wed, 20 Mar 2013 00:00:00 +0530</pubDate>
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