1970 (7) TMI 27

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....C.J.]. - The petitioners manufacture leather cloth in a factory situate in Dharampur near Bulsar within the State of Gujarat. Polyvinyl Chloride Resin Powder (hereinafter for the sake of convenience referred to as P.V.C. Powder) is used by the petitioners for preparing paste which is to be coated on cotton fabrics for the purpose of manufacturing leather cloth. The petitioners admittedly do not ma....

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....manufactured or produced in India became chargeable to excise duty but this amendment did not have the effect of levying excise duty on the existing stock of P.V.C. powder held by the petitioners on the midnight of 28th February 1961 since it was imported and not manufactured or produced in India and moreover, even the import was made prior to 1st March 1961. Still, however, the Excise Inspector s....

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....of Central Excise and Customs by an order dated 28th December, 1963. The petitioners thereupon filed the present petition challenging the validity on these notices as also of the order passed by the Assistant Collector confirming these notices. 2. The demand made in the impugned notices as confirmed by the Assistant Collector was for excise duty on the stock of P.V.C. powder held by the petitio....

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....ent of the Central Excise and Salt Act, 1944, by the Finance Act, 1961, P.V.C. powder produced or manufactured in India became chargeable to excise duty with effect from 1st March, 1961 but there could be no excise duty on P.V.C. powder imported from foreign countries. The stock of P.V.C. powder held by the petitioners on the midnight of 28th February, 1961 consisted entirely of imported P.V.C. po....