Jain afterscho o ol centre for social entrepreneurship sivakamu veterinary hospital road bikaner 334001 rajasthan, india. Levy and collection of duty, indicating amount of duty in price of goods, powers and duties of officers and land holders, central excise act1944, advance, rullings, settlementofcases, adjudicationofconfiscationsandpenalties, appeals, presumptionastodocuments, supplementalprovisions, customs excise and gold control appellate tribunal procedure rules1982, orders. Indian central excise circulars latest circulars of. In this schedule, heading, subheading and tariff item mean respectively a heading, subheading and tariff item in the first schedule to the central excise tariff act, 1985 5 of 1986. Third schedule to central excise act 1944 see section 2fiii notes.
As per section 2f of central excise act, 1944 cea, manufacture includes any process. Ii a indicating amount of duty in the price of goods, etc. Union government has power to under article 246 of constitution to make rules and amendment in the excise duty laws. Whereas it is expedient to consolidate and amend the law relating to 1 duties of excise on goods manufactured or produced, and services. Introduction to central excise act 1944 with special. The finance minister, arun jaitley, on friday, 31 march 2017 introduced the taxation laws amendment bill 2017 in the lok sabha the bill seeks to amend the customs act 1962, the customs tariff act 1975, the central excise act 1944, the finance act, 2001 and the finance act, 2005 and to repeal certain enactments.
However this act does not contain the rate at which duties are imposed 4. Section 11a of the central excise act, 1944 time limit for issue of notice. Section 11a of the central excise act, 1944 excise. For the removal of doubts, it is hereby clarified that for the purposes of section 3 of the customs tariff act, 1975 51 of 1975, the duty of excise leviable on the. An act to consolidate and amend the law relating to central duties of excise and to salt. Rapid revision on central excise my thoughts on gst. Central excise act, 1944 the central excise act, 1944. Tax dept to start consultation on changes in customs act. Latest 2014 central excise circulars issued by central excise india, you can check here circulars of central excise, central excise circulars, indian circular, circular india, cbec rules, cbec act. Valuation of excisable goods for purposes of charging of duty.
Special offer on gst package for cas as per the mou with icai. An act to consolidate and amend the law relating to central duties of excise chapter v settlement of cases section 31. Central excise act 1944 news and updates from the economic. In this chapter, unless the context otherwise requires, a assessee means any person who is liable for payment of excise duty assessed under this act or. Excisable goods exported may be allowed to be returned to the factory.
Whereas it is expedient to consolidate and amend the law relating to central duties of excise on goods manufactured or produced in certain parts of india. Section 37 power of central government to make rules. In case of demand by reason of suppresion of facts, misdeclaration, collusion or wilful statement, the demand can be raised within five yearsfrom relevant date. Recovery under section 11a of central excise act, 1944 the mischievous heading of section 11a of the central excise act, 1944 which reads as recovery of duties not levied or not paid or shortlevied or shortpaid or erroneously refunded generally leads to the misconception that all the central excise duties not levied or not paid or shortlevied or shortpaid or erroneously refunded are. This is the basic law related to the levy and collection of duties of central excise.
Levy and collection of duty, indicating amount of duty in price of goods, powers and duties of officers and land holders, central excise act1944, advance. Bagasse which is a marketable product but not a manufactured product is not subjected to excise duty. Any person claiming refund of any duty of excise may make an application for refund of such duty to the 90 assistant commissioner of central excise or deputy commissioner of central excise. Powers of central excise officers 1 a central excise officer may exercise the powers and discharge the duties conferred or imposed under this act on any. Download free sample and get upto 30% off on mrprental.
As per the section 37 of the finance act, 1978 special excise duty was attracted on all excisable goods on which there is a levy of basic excise duty under the central excises and salt act,1944. Duties specified in the the first schedule and the second schedule 4. Buy the central excise act, 1944 by pdf online from company secretary. Duties specified in first schedule and the second schedule to the central excise tariff act, 1985 to be levied. Central excise act 1944 section 35ff citation 37183. Excise act 1944 chapteriii, powers and duties of officers, land holders, powers of central excise officers, power to arrest, power to summon persons, special audit in certain cases, officers required, assist central excise officers, disposal of persons, arrested, procedure, officerincharge of police station, inquiry, central excise officers. Central excise act 1944 chapters from chapter i vii. Cgst act igst act utgst act gst compensation to the states act addendum to the gst rate schedule 03. The central excise act, 1944 customs act, 1962 entry tax act companies act, 20 companies act, 1956 the limited liability partnership act, 2008 the securities and exchange board of india act, 1992 company secretaries act, 1980. In this chapter, unless the context otherwise requires. This act had replaced not less than 10 separate excise acts and 11 sets of statutory rules besides 5. Tax paid at the time of manufacture of some goods as per the government rules.
Bajaj were called upon to show cause as to why the differential duty specified in the notice should not be demanded and recovered under section 11a of the central excise act, 1944 for short the act and why interest and penalty should not be imposed under sections 11ab and 11ac of the act. For purpose of subsection 1, the central excise officer shall be entitled to use all the materials and other information produced by the assessee before the settlement commission or the result of the inquiry held or evidence recorded by the settlement commission in the course of the. In this chapter, unless the context otherwise requires, a activity means production or manufacture of goods. The central excise rules, 1944 josh and mak international. This is levied us 31 of the central excise act 1944. Lok sabha passes bill to make excise, customs acts compliant with. Special excise duty is levied at the rates specified in the second schedule to central excise tariff act, 1985. The excises and salt act, 1944 national board of revenue. The taxation laws amendment bill, 2017 seeks to amend the customs act, 1962, the customs tariff act, 1975, the central excise act, 1944.
No miracle man can revive the economy without revitalising the credit cycle. I of 1944 24thfebruary, 1944 an act to consolidate and amend the law relating to 1 duties of excise and to salt. Interest on delayed refund of amount deposited under the proviso to section 35f where an amount deposited by the appellant in pursuance of an order passed by the commissioner appeals or the appellate tribunal hereinafter referred to as the appellate authority, under the first proviso to section 35f, is required to be refunded consequent upon the order of the appellate authority. The central excises and salt act, 1944 provides for the levy and collection of duties of excise on all excisable goods specified in the first schedule to that act.
We have analysed following two entries relating to excise act 1944 union list. Entry no 84 duties of excise on tobacco and other goods manufactured or produced in. Central excise act, 1944, adjudicating authority, broker or commission agent, chief commissioner, commissioner, commissionerappeals, additional. Central excise act 1944, chapteriii, powers and duties of.
Tax experts said the earlier practice of importers to file bill of entry as per their convenience was causing administrative issues at customs stations. Download the central excise act, 1944 by pdf online. An act to consolidate and amend the law relating to central duties of excise. Central excise is a levy tax, levied on a commodity manufactured within the country by the union government by an act of parliament usually in the finance bill, in the presentation of the budget in the parliament, generally on the last working day of february every year by notifying under a tariff.
Central excise act 1944 section 35ff interest on delayed. Central board of excise and customs cbec is a part of the department of revenue under the ministry of finance, government of india. Eximkey india dgft, customs, excise, export import policy. Agent of owner of goods, factory, warehouse or establishment,organization or undertaking providing or rendering services to be deemed owner for certain purposes. Section 37 power of central government to make rules central excise act, 1944. The central excise act, 1944 customs act, 1962 central sales tax act, 1956 entry tax act companies act, 20 companies act, 1956 the limited liability partnership act, 2008 the securities and exchange board of india act, 1992. Goods cleared for export may be allowed to be returned to factory.
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