Section 3. Sugar Development Fund
(1) There shall be formed a fund to be called the Sugar Development Fund.
(2) An amount equivalent to the proceeds of the duty of excise levied and collected under the Sugar Cess Act, 1982(3 of 1982), reduced by the cost of collection as determined by the Central Government, together with any moneys received by the Central Government for the purposes of this Act, shall, after due appropriation made by Parliament by law, be credited to the Fund.
(3) The Fund shall consist of the amounts credited under sub-section (2) and any income from investment of such amounts.
Judgements applying section 3
Commissioner of Cgst and Cx Howrah Commissionerate Vs M/S Bengal Beverages Private Ltd.
Outcome: DismissedCenvat Credit on sugar cess; Sugar Cess Act 1982 Section 3; Cenvat Credit Rules 2004 Rule 3; Central Excise Act 1944 Sections 2A and 3; Sugar Development Fund Act 1982; Articles 266, 270 Constitution; duty of excise versus fee; Consolidated Fund of India; quid pro quo; Bengal Beverages Private Limited;
DismissedOpenCommissioner of Cgst and Cx Howrah Commissionerate Vs M/S Bengal Beverages Private Ltd.
Outcome: DismissedSugar cess; Cenvat credit; Sugar Cess Act, 1982 Section 3; Cenvat Credit Rules, 2004 Rule 3(1); Central Excise Act, 1944 Sections 2A and 3; Articles 266 and 270; Consolidated Fund of India; cess as duty of excise versus fee; quid pro quo; Sugar Development Fund Act, 1982; CESTAT Eastern Zonal Bench;
DismissedOpenCommissioner of Cgst and Cx, Kolkata South Commissionerate Vs M/S. Diamond Beverages Pvt. Ltd.
Outcome: Dismissed4 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Central Excise] ORIGINAL SIDE CEXA/24/2024 IA NO: GA/2/2024 COMMISSIONER OF CGST AND CX, KOLKATA SOUTH COMMISSIONERATE VS M/S. DIAMOND BEVERAGES PVT. LTD. BEFORE : THE HON’BLE CHIEF JUST
DismissedOpen