do Education cess is include in defination of Excise Duty

This query is : Resolved

Ratan Bharti (Querist)
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26 September 2009 Hello dear experts

one assesse paid excise duty duly and honesty but unfotunately they missed to submit higher education cess with duty
now excise dapartment ask for submit all excise duty with cess and higher education cess.
guide us party is defulter U/S 9 in meaning of excise duty

Thanks in advance for your valuable guidance

VINEESH KHANNA

VINEESH KHANNA (Expert)
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26 September 2009 Deptt can not ask for the excise duty again which the assessee has already paid

I think the assessee should deposit ED and SHEC along with Interest and penalty to avoid any further legal proceedings.