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Limitation under section 11B not applies to Cess on paper
Case Law Details
- Case Name
- Uniglobal Paper Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Kolkata
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Uniglobal Paper Private Limited Vs Commissioner of CGST & CX (CESTAT Kolkata)
Held that since Cess on Paper is not a duty of excise, the provisions of Section 11B of the Central Excise Act would not apply.
Facts-
Post issuance of show cause notice, appellant made payment of Education cess and Secondary & Higher Education Cess on Paper Cess. However, CBIC issued a circular no. 978/2/20214-CX dated 07.01.2014 stating that Education Cess and Secondary and Higher Education Cess is not to be calculated on other Cesses. Accordingly, the appellant filed the refund claim.
Thereafter, a Show Ca...






