2015 (6) TMI 507

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....ction of Taxes Act, 1931. Thereafter on 7.5.2012, certain amendments were made in the rate, which had the effect of enhancing the duty on cigarettes further. Vide serial Nos. 61 to 65 of the notice to amendment of the Finance Bill, the Finance Bill received the assent of the President on 28.5.2012. The issue in both the appeals is whether the enhanced rate of excise duty vide amendment dated 7.5.2012, can be made applicable from the date of introduction of the Bills or not. 2. We find that the issue has been clarified by the Board vide Circular No. 981/5/2014-CX dated 11.2.2014. The said circular is reproduced below:- "Cigarettes - Effective date for levy of Excise duty at enhanced rates vide Finance Act, 2012 - Clarifications ....

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....ntly, the basic excise duty on cigarettes was levied at specific rates which were higher than the excise duty rates proposed in the Finance Bill as introduced. The Finance Bill, 2012 received the assent of the President on 28.05.2012. Thus, the provisions of the Finance Act, 2012 came into effect from 28.05.2012. 5. The issue that arises for consideration is whether the excise duty levied on cigarettes at higher specific rates by virtue of the Government amendments to the Finance Bill, 2012 would be applicable w.e.f. 17.03.2012, immediately on the expiry of the day on which the Finance Bill, 2012 was introduced or w.e.f. 28.05.2012, when the Finance Bill, 2012 received the assent of the President. 6. In the post-Budget letter issued u....

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....also in view of the declaration made while introducing the Finance Bill, 2012, the excise duty as provided through said Bill will have the force of law from the date on which the Finance Bill was introduced i.e. 17.03.2012. Since the amendments proposed to the Finance Bill were in the form of official amendments and no separate Bill was required for the said purpose, no declaration under the PCT Act is permissible. However, in view of the provisions of section 4(2)(a) of the PCT Act, the declaration made ceases to have force of law once the enactment comes into operation. 8.2 In the light of the above legal position, as the amendments were proposed to the Finance Bill, 2012 only on 08.05.2012 and assented by the President on 28.05.2012, ....