Law: Central Excise and Salt Act, (I of 1944)

Section: 12,3

[Central Excises and Salt Act (I of 1944)].......Ss 3 & 12-A---Excise duty---Exemption from---Petitioner had stock of cotton yarn which admittedly was manufactured before the date when exemption from excise duty was granted---Petitioner cleared those goods on various dates after the date when exemption was granted---Exemption thereafter was withdrawn and Authorities claimed excise duty at the rate applicable from date of withdrawal of exemption on stock of yarn manufactured during period of exemption--­Authorities by issuing show-cause notice demanded from petitioner excise duty on stock which was held by petitioner on date of exemption and which was cleared by petitioner either without payment of excise duty or on reduced excise duty---Petitioner denied claim of Authority contending that vested right had been created by virtue of exemption and that same could not be taken away--­Contention was repelled in view of fact that question of vested right did not arise as excise duty was payable at rate in force on date of manufacture which was much earlier to the date when exemption from excise duty was granted---Benefits of exemption thus were not available to petitioner on date when duty was payable. Central Board of Revenue v. Colony Thal Mills Ltd. 1981 SCMR 303; Colony Thal Textile; Mills Ltd. v. Assistant Collector, Central Excise and Land Customs and others 1980 CLC 1660; Assistant Collector v. Colony Thal Textile Mills Ltd. 1980 CLC 1825 and Colony Sarhad Textile Mills, Nowshera v. Superintendent, Central Excise and Land Customs 1979 SCMR 640 ref. ORDER SALEEM AKHTAR, J: --The petitioner manufactured cotton yarn on which Central Excise Duty was levied at the rate provided by the Central Excises and Salt Act, 1944 hereinafter called the Act. The Federal Government issued a Notification No. SRO 557(1)/72, dated 3rd August, 1972 under section 12-A of the Act whereby certain manufactured goods were granted full exemption or partial exemption from payment of Excise Duty. On 30th October, 1974 the Federal Government exercising powers under section 12-A of the Act issued Notification No. SRO 1362 (1)/74 granting partial exemption on the cotton yarn manufactured…

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