HC upholds excise duty exemption for SSI
GK NEWS NETWORK
Jammu, Dec 27: In what has come as a major relief to the SSI units in the state, Justice Sunil Hali of J&K High Court, Jammu Wing, today allowed a bunch of petitions of Small Scale Industrial Units seeking 100 percent exemption from Excise Duty, an official statement said.
The single bench judgment while directing that the petitioner-units shall continue to avail the benefit of exemption from payment of excise duty in terms of notification no. 56/2002-CE dated 14th of Nov’ 02, quashed order no. 19/2008-CE dated March 27, 2008 and no. 34/2008-CE dated June 10, 2008 with further direction to the respondents that they shall be at liberty to take appropriate action in accordance with the relevant rules against those unscrupulous manufacturers involved in illegal activities of alleged bogus production.
In their petitions the petitioners submitted that vide notification dated June14, 2002 issued by the Ministry of Commerce and Industry, Government of India some new initiatives were taken to provide incentives as well as an enabling environment for industrial development in the state.
“The policy provided various fiscal incentives to new industrial units as also to those existing units engaged in substantial expansion. As a measure of fiscal incentives, the government approved conversion of growth center into total tax free zones for a period of ten years from the date of commencement of commercial production.”
“Vide notifications impugned no. 19/2008-Central Excise dated March 27, 2008, and no. 34/2008-Central Excise dated June 10, ’08, further amendments have been carried out in the original notification, by the Central Government, whereby the excise duty refund has been restricted to a maximum limit,” the petitioners pleaded.
“The said notifications changed the entire scenario by reducing the 100 per cent exemption provided by the earlier notifications to a limited percentage in respect of different goods manufactured by the units,” the petitioners pleaded.
Aggrieved by these notifications the petitioners had challenged and filed the petitions seeking quashment of the said notifications.
Lastupdate on : Mon, 27 Dec 2010 21:30:00 Makkah time
Lastupdate on : Mon, 27 Dec 2010 18:30:00 GMT
Lastupdate on : Tue, 28 Dec 2010 00:00:00 IST
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