Excise Law: Option once exercised for a financial year, cannot be withdrawn midway

Raman Ispat Pvt Ltd Vs Cce Meerut (Allahabad High Court)

The case of Raman Ispat Pvt Ltd Vs Cce Meerut before the Allahabad High Court revolves around the contentious issue of whether an option exercised for a financial year under Section 3A(4) of the Central Excise Act can be withdrawn midway.

The case originated from an appeal filed by Raman Ispat Pvt Ltd challenging the dismissal of its claim to pay Central Excise duty under Section 3A(4) of the Act. The Tribunal rejected the appeal, prompting the applicant to approach the High Court.

The crux of the matter lies in the interpretation of Section 3A of the Act and Rule 96ZO(3) of the Central Excise Rules, 1944. These provisions allow for an alternative method of excise duty payment based on production capacity. Raman Ispat Pvt Ltd opted for this compounded duty payment scheme for the financial year 1997-98.

However, when the new financial year (1998-99) began, the company did not make any fresh application to continue or withdraw from the compounded scheme. It only expressed its intent to pay duty on actual production basis in June 1998.

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