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EX. AS. NOS.1046/LB, 1261/LB AND 1262/LB OF 2001, DECIDED ON 9TH FEBRUARY, 2002. versus EX. AS. NOS.1046/LB, 1261/LB AND 1262/LB OF 2001, DECIDED ON 9TH FEBRUARY, 2002.


Excise duty should be imposed on the excise duties specified in the Schedule 3 Central Excise Rules, 1944, R9 Section RO 456 (I) / 96, Dated 13 6 1996 Section RO 772 (1) 96, Dated 12 9 1996. Will Protests against the collection of duty were not cleared of production grounds. The Collector of Customs and Central Excise itself informed the Central Board of Revenue that no sanction was imposed while imposing duty, therefore, No duty was payable. According to section 3 of the Central Excise Act 1944, the Central Excise Rules were read with R9 of 1944, Central excise duty on the manufacture of excise goods was not in doubt but payment was to be made at the time of approval of the same order. The appellate tribunal set aside

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