Supreme Court Rules Excise Act Provisions Apply to Finance Act for Diesel Duties, Overturns Prior Order Supporting Exemption.

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....Levy and collection of Special Additional Excise Duty (SAED), Road and Infrastructure Cess (RIC), and Agriculture Infrastructure and Development Cess (AIDC) on removal of High Speed Diesel manufactured in Special Economic Zone (SEZ) to Domestic Tariff Area (DTA). The provisions of the Central Excise Act, 1944 can be resorted to while construing the levy and collection under the three Finance Acts. The Supreme Court's judgment in Unicorn supports the appellant's case, holding that exemption provisions u/s 5A of the Central Excise Act could have been applied if the Central Government chose to do so. The appellant was justified in contending that the Central Excise Act provisions apply equally to the Finance Act provisions, and the Finance Act.........