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State of Bihar - Section

Section 28 in Bihar Excise Act, 1915

28. Ways of levying such duty.

- Subject to any rules made under Section 60, clause (12) any duty imposed under Section 27 may be levied in any of the following ways:-
(a)on an excisable article imported-
(i)by payment (upon or before importation) in the State or territory from which the article is brought, or
(ii)by payment upon issue for sale from a warehouse established, authorised or continued under this Act,
(b)on an excisable article exported-
by payment in the State or territory to which the article is sent;
(c)on an excisable article transported -
(i)by payment in the district from which the article is sent, or
(ii)by payment upon issue for sale from a warehouse established, authorised or continued under this Act.
(d)on intoxicating drugs manufactured, cultivated or collected -
(i)by a rate charged upon the quantity manufactured under a licence granted in respect of the provisions of Section 13, clause (a), or issued for sale from a warehouse established, authorised or continued under this Act, or
(ii)by a rate assessed on the area covered by, or on the quantity or out turn of, the crop cultivated or collected under a licence granted in respect of the provision of Section 13, clause (b) or clause (c);
(e)on spirit or beer manufactured in any distillery or brewery licensed, established, authorised or continued under this Act.-
(i)by a rate charged upon the quantity produced in or issued from the distillery or brewery, as the case may be, or issued for sale from a Warehouse established, authorised or continued under this Act, or
(ii)in accordance with such scale of equivalents, calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the State Government may prescribe; and
(f)on tari drawn under a licence granted under Section 14, sub-section (1)-by a tax on each tree from which the drawing of tari is permitted:
Provided that, where payment is made upon the issue of an excisable article for sale from a warehouse, it shall be at the rate of duty in force on the date of issue of such article from such warehouse:[Provided further that in case of excisable articles imported or transported on payment of duty according to the provisions of sub-clause(i) of clause (a) or clause (c) of this section, the difference of duty resulting from any provision in the rates of duty subsequent to such import shall be realised from, or credited to the account of the importing or transporting licence according to the revised rate of duty which may be higher or lower than the previous rate and the calculation thereof shall be made on the balance stock of excisable article on the date the revised rate of duty comes into effect:] [Inserted by Bihar Act 4, 1973.]Provided also that no tax shall be levied in respect of any tree from which tari is drawn only for the manufacture of gur or molasses and under such special conditions as the Board may prescribe.