D.N.SINHA, A.K.MUKHERJI
ASSISTANT COLLECTOR OF CENTRAL EXCISE – Appellant
Versus
NATIONAL TOBACCO CO. OF INDIA LTD. – Respondent
( 1 ) THE facts in this case are briefly as follows. The respondent company carries on the business of manufacturing cigarettes and tobacco at Agarpara in 24 Parganas and as such, they have to pay excise duty on the value of the cigarettes manufactured by it. In this case, we are not concerned with anything else. The levy of excise duty is controlled by me Central Excises and Salt Act (Act I of 1944) (hereinafter referred to as the "said Act") and the Central Excise Rules (hereinafter referred to as the "said Rules" ). Section 3 of the said Act provides that there shall be levied and collected in such manner as may be prescribed, duties of excise on all excisable goods other than salt, which are produced and manufactured in (India), and a duty on salt manufactured in, and imported by land into any part of India as, and at the rates, set forth in the First Schedule. It is not necessary to go into further details at present. It is sufficient to state that cigarettes manufactured in India have to pay excise duty. During the relevant period, namely the years 1955 to 1957, excise duty was to be levied on a slab system upon value of the goods manufactured. It was, therefore
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