With effect from 1 3 1987, the said goods became excisable to duty at the rate of fifteen per cent ad valorem.
The judgment in Wallace Flour Mills was referred to with approval, by a Bench of three learned Judges in Collector of Central Excise, Hyderabad v. Vazir Sultan Tobacco Co. Ltd., Hyderabad It was said That was a case where the goods were excisable goods prior to 1 3 1987, though by virtue of an exemption numberification, the rate of duty was nil.
The Tribunal came to the companyclusion that the goods having been entitled to a full exemption from the payment of excise duty when they were manufactured, they would number attract excise duty at the rate of eight per cent as in force when they were cleared.
P. Bharucha, M. Jagannadha Rao and V.N. Khare, JJ.
These appeals are by the Revenue against an order of the Customs, Excise and Gold Control Appellate Tribunal.
They were at all relevant times excisable goods, but when they were manufactured, they were wholly exempt from excise duty by virtue of a Notification 68/71 .
When cleared, however, that numberification had been amended by another Notification 52/82 which provided for a levy of excise duty thereon at the rate of eight per cent.
