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Under
the excise laws, the following are the various
types of duties which are levied:-
Basic duty : This is
the basic duty levied under the Central Excise
Act.
Special excise duty :
This special duty is levied under special
circumstances where the levy of such additional
duty is justifiable or found necessary to
protect other industries.
Additional Duty in lieu of Sales
Tax : It can be charged on all goods
by the central government to counter balance
exemptions from sales tax granted by various
State Governments to the detriment of industries
in other States.
Additional Duty on specified
items under the Act : If the
Tariff Commission set up by law recommends that
in order to protect the interests of industry,
the Central Government may levy additional
duties at the rate recommended on specified
goods. The notification for levy of such duties
must be introduced in the Parliament in the next
session by way of a bill or in the same session,
if the Parliament is in session. If the bill is
not passed within six months of introduction in
Parliament, the notification ceases to have
force but the action already undertaken under
the notification remains valid. Such duty will
be payable upto the date specified in the
notification. Such duty may be cancelled or
varied by notification. Such notification must
also be placed before Parliament for approval as
above.
It is
noteworthy that "basic excise duty" is different
from "special excise duty" or "additional duty
of excise". Therefore an exemption from basic
duty does not mean that exemption from special
duty or additional duty has also been granted
unless there is an express provision to that
effect regarding the exemption in the
notification.
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