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Notification for Rate of duty on coke as per Tariff and refund notification applicability

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....otification for Rate of duty on coke as per Tariff and refund notification applicability<br> Query (Issue) Started By: - Raginee Goyal Dated:- 7-5-2012 Last Reply Date:- 8-5-2012 Central Excise<br>Got 1 Reply<br>Central Excise<br>1. Coke products falling under Chapter 2704 were earlier not taxable. The levy came in wef 1.3.2011 by way of 1/2011 CE @1% (concessional) without availing input credit. ....

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....The Tariff rate for such products was prescribed @5% under the budget 2011 and notified under 2/2011 CE. However, I am not able to locate 2704 under 2/2011 CE. Please help with relevant reference. 2. If products are manufactured in North east India, the area based exemption under 20/2008/CE dated 27.03.2008 applies. However, the levy came in later and thereafter there was no specific notification....

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.... for updating 20/2008 CE in this regard. But 20/2008 has a residuary head under which rate of refund for any chapter other than those listed is marked @ 36%. Please advise will this bar the assessee from claiming refund @36% because the levy came in after the refund notification and no fresh notification clarifying the position is issued. Thanks and Regards Reply By raj kumar shukla: The Reply: ....

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.... 1. the tariff rate is never prescribed by notification therefore it is in correct to say 5% was prescribed through 2/2011 2. 2/2011 is a separate notification which does not cover 2704. 3.you may yourself examine applicability of notification no. 20/2007 as amended. late levy does not matter.<br> Discussion Forum - Knowledge Sharing ....