CHAPTER IV
INDIRECT TAXES
Excise
88. In the Central Excise Act, 1944 (hereinafter referred to as the Central Excise Act) or in Chapter
V of the Finance Act, 1994 or in any other law for the time being in force, the reference to any authority
specified in column (1) of the Table below shall be substituted by reference to the authority or authorities
specified in the corresponding entry in column (2) of the said Table and such consequential changes
as the rules of grammar may require shall also be made:—
TABLE
Sl. No. (1) (2)
1. Chief Commissioner of Central Excise Principal Chief Commissioner of
Central Excise
or
Chief Commissioner of Central Excise
2. Commissioner of Central Excise
Principal Commissioner of Central Excise
or
Commissioner of Central Excise.
89. In the Central Excise Act, in section 2, in clause (b), for the words “Chief Commissioner of
Central Excise”, the words “Principal Chief Commissioner of Central Excise, Chief Commissioner of
Central Excise, Principal Commissioner of Central Excise” shall be substituted.
90. In the Central Excise Act, after section 15, the following sections shall be inserted, namely:—
“15A. (1) Any person, being—
(a) an assessee; or
(b) a local authority or other public body or association; or
(c) any authority of the State Government responsible for the collection of value added tax or
sales tax; or
(d) an income tax authority appointed under the provisions of the Income-tax Act, 1961; or
(e) a banking company within the meaning of clause (a) of section 45A of the Reserve Bank of
India Act, 1934; or
(f) a State Electricity Board; or an electricity distribution or transmission licensee under the
Electricity Act, 2003, or any other entity entrusted, as the case may be, with such functions by the
Central Government or the State Government; or
(g) the Registrar or Sub-Registrar appointed under section 6 of the Registration Act, 1908; or
(h) a Registrar within the meaning of the Companies Act, 2013; or
(i) the registering authority empowered to register motor vehicles under Chapter IV of the
Motor Vehicles Act, 1988; or
(j) the Collector referred to in clause (c) of section 3 of the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; or
(k) the recognised stock exchange referred to in clause (f) of section 2 of the Securities Contracts
(Regulation) Act, 1956; or
(l) a depository referred to in clause (e) of sub-section (1) of section 2 of the Depositories Act,
1996; or
(m) an officer of the Reserve Bank of India, constituted under section 3 of the Reserve Bank of
India Act, 1934,
who is responsible for maintaining record of registration or statement of accounts or any periodic
return or document containing details of payment of tax and other details or transaction of goods or
services or transactions related to a bank account or consumption of electricity or transaction of
purchase, sale or exchange of goods or property or right or interest in a property, under any law for
the time being in force, shall furnish an information return of the same in respect of such periods,
within such time, form (including electronic form) and manner, to such authority or agency as may
be prescribed.
(2) Where the prescribed authority considers that the information submitted in the information
return is defective, he may intimate the defect to the person who has furnished such information
return and give him an opportunity of rectifying the defect within a period of thirty days from the date
of such intimation or within such further period which, on an application made in this behalf, the
prescribed authority may allow and if the defect is not rectified within the said period of thirty days
or, as the case may be, the further period so allowed, then, notwithstanding anything contained in
any other provision of this Act, such information return shall be treated as not submitted and the
provisions of this Act shall apply.
(3) Where a person who is required to furnish information return has not furnished the same within
the time specified in sub-section (1) or sub-section (2), the prescribed authority may serve upon him a
notice requiring furnishing of such information return within a period not exceeding ninety days from
the date of service of the notice and such person shall furnish the information return.
15B. If a person who is required to furnish an information return under section 15A fails to do so
within the period specified in the notice issued under sub-section (3) thereof, the prescribed authority
may direct that such person shall pay, by way of penalty, a sum of one hundred rupees for each day
of the period during which the failure to furnish such return continues.”.
91. In the Central Excise Act, in section 31, in clause (g), for the words “Customs and Central
Excise Settlement Commission”, the words “Customs, Central Excise and Service Tax Settlement
Commission” shall be substituted.
92. In the Central Excise Act, in section 32, in sub-section (1), for the words “the Customs and
Central Excise Settlement Commission”, the words “the Customs, Central Excise and Service Tax
Settlement Commission” shall be substituted.
93. In the Central Excise Act, in section 32E,—
(i) in sub-section (1),—
(a) in the first proviso, in clause (d), for the word, figures and letters “section 11AB”, the word,
figures and letters “section 11AA” shall be substituted;
(b) in the second proviso, for the words “Provided further that”, the following shall
be substituted, namely:—
“Provided further that the Settlement Commission, if it is satisfied that the circumstances
exist for not filing the returns referred to in clause (a) of the first proviso to sub-section (1), may
after recording the reasons therefor, allow the applicant to make such application:
Provided also that”;
(ii) sub-section (2) shall be omitted.
94. In the Central Excise Act, in section 32-O, in sub-section (1), in clause (i), the following Explanation
shall be inserted, namely:—
“Explanation.— In this clause, the concealment of particulars of duty liability relates to any such
concealment made from the Central Excise Officer.”.
95. In the Central Excise Act, in section 35B,——
(a) in sub-section (1), in the second proviso, for the words “fifty thousand rupees”, the words “two
lakh rupees” shall be substituted;
(b) in sub-section (1B), in clause (i), for the words “by notification in the Official Gazette”, the
words “by order” shall be substituted.
96. In the Central Excise Act, in section 35C, in sub-section (2A), the first, second and third proviso
shall be omitted.
97. In the Central Excise Act, in section 35E, in sub-section (3), the following proviso shall be
inserted, namely:—
“Provided that the Board may, on sufficient cause being shown, extend the said period by
another thirty days.”.
98. In the Central Excise Act, for section 35F, the following section shall be substituted, namely:—
“35F. The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any
appeal,—
(i) under sub-section (1) of section 35, unless the appellant has deposited seven and a half per
cent. of the duty demanded or penalty imposed or both, in pursuance of a decision or an order
passed by an officer of Central Excise lower in rank than the Commissioner of Central Excise;
(ii) against the decision or order referred to in clause (a) of sub-section (1) of section 35B,
unless the appellant has deposited seven and a half per cent. of the duty demanded or penalty
imposed or both, in pursuance of the decision or order appealed against;
(iii) against the decision or order referred to in clause (b) of sub-section (1) of section 35B,
unless the appellant has deposited ten per cent. of the duty demanded or penalty imposed or
both, in pursuance of the decision or order appealed against:
Provided that the amount required to be deposited under this section shall not exceed rupees
ten crores:
Provided further that the provisions of this section shall not apply to the stay applications and
appeals pending before any appellate authority prior to the commencement of the Finance (No.2)
Act, 2014.
Explanation.— For the purposes of this section “duty demanded” shall include,—
(i) amount determined under section 11D;
(ii) amount of erroneous Cenvat credit taken;
(iii) amount payable under rule 6 of the Cenvat Credit Rules, 2001 or the Cenvat Credit Rules,
2002 or the Cenvat Credit Rules, 2004.
99. In the Central Excise Act, section 35L shall be numbered as sub-section (1) thereof, and after
sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—
“(2) For the purposes of this Chapter, the determination of any question having a relation to the
rate of duty shall include the determination of taxability or excisability of goods for the purpose of
assessment.”.
100. In the Central Excise Act, in section 35R, in sub-section (4), for the words “The Appellate
Tribunal or court”, the words “The Commissioner (Appeals) or the Appellate Tribunal or court” shall
be substituted.
101. (1) In the Pan Masala Packing Machines (Capacity Determination and Collection of Duty)
Rules, 2008, as published in the Official Gazette vide notification of the Government of India in the
Ministry of Finance (Department of Revenue) number G.S.R. 127 (E), dated the 1st July, 2008, rule 8
shall stand amended and shall be deemed to have been amended retrospectively, in the manner
specified in column (2) of the Fourth Schedule, on and from the date specified in column (3) of that
Schedule.
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to
have the power to make rules with retrospective effect as if the Central Government had the power to
make rules under sub-sections (2) and (3) of section 3A of the Central Excise Act, retrospectively, at
all material times.
(3) The refund shall be made of all such duty of excise which has been collected but which would
not have been so collected, had the rule referred to in sub-section (1), been in force at all material
times, subject to the provisions of section 11B of the Central Excise Act.
(4) Notwithstanding anything contained in section 11B of the Central Excise Act, an application for
the claim of refund of duty of excise under sub-section (3) shall be made within a period of six months
from the date on which the Finance (No. 2) Bill, 2014 receives the assent of the President.
(5) No act or omission on the part of any person shall be punishable as an offence which would not
have been so punishable had the rule referred to in sub-section (1) not been amended retrospectively.
102. (1) The notification of the Government of India in the Ministry of Finance (Department of
Revenue) number G.S.R. 95 (E), dated the 1st March, 2006 (herein referred to as the first notification)
which was superseded vide number G.S.R. 163 (E), dated the 17th March, 2012 (herein referred to as
the second notification), issued under sub-section (1) of section 5A of the Central Excise Act, shall, in
so far as it relates to the first notification, stand amended and shall be deemed to have been amended
retrospectively, in the manner as specified in column (2) of the Fifth Schedule, on and from—
(a) the 29th June, 2010 and up to 16th March, 2012 (both days inclusive) in relation to Chapter
54 or Chapter 55 specified therein, covered under the first notification, that is the date prior to the
date of the second notification; and
(b) the 1st March, 2011 and up to 16th March, 2012 (both days inclusive) in relation to Chapter
71 specified therein, covered under the first notification, that is the date prior to the date of the
second notification,
as specified in column (3) of the Schedule, against the notification specified in column (1) of that
Schedule.
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to
have the power to amend the said notification with retrospective effect as if the Central Government
had the power to amend the said notification under sub-section (1) of section 5A of the Central Excise
Act, retrospectively, at all material times.
(3) The refund shall be made of all such duty of excise which has been collected but which would
not have been so collected, had the notification referred to in sub-section (1) been in force at all
material times, subject to the provisions of section 11B of the Central Excise Act.
(4) Notwithstanding anything contained in section 11B of the Central Excise Act, an application for
the claim of refund of duty of excise under sub-section (3) shall be made within six months from the
date on which the Finance (No. 2) Bill, 2014 receives the assent of the President.
(5) No act or omission on the part of any person shall be punishable as an offence which would not
have been so punishable had the said notification not been amended retrospectively.
103. (1) The notification of the Government of India in the Ministry of Finance (Department of
Revenue) number G.S.R. 163 (E), dated the 17th March, 2012, issued under sub-section (1) of section
5A of the Central Excise Act, as specified in column (1) of the Sixth Schedule, shall stand amended
and shall be deemed to have been amended retrospectively, in the manner specified in column (2) of
that Schedule, on and from and up to the corresponding dates specified in column (3) of the said
Schedule.
(2) For the purposes of sub-section (1), the Central Government shall have and shall be deemed to
have the power to amend the said notification with retrospective effect as if the Central Government
had the power to amend the said notification under sub-section (1) of section 5A of the Central Excise
Act, retrospectively, at all material times.
(3) The refund shall be made of all such duty of excise which has been collected but which would
not have been so collected, had the notification referred to in sub-section (1) been in force at all
material times, subject to the provisions of section 11B of the Central Excise Act.
(4) Notwithstanding anything contained in section 11B of the Central Excise Act, an application for
the claim of refund of duty of excise under sub-section (3) shall be made within six months from the
date on which the Finance (No. 2) Bill, 2014 receives the assent of the President.
(5) No act or omission on the part of any person shall be punishable as an offence which would not
have been so punishable had the said notification not been amended retrospectively.
Explanation.— For the purposes of sub-section (1), the “corresponding date” in relation to—
(i) tariff items specified against S.No.81, means the 8th February, 2013 to 10th July, 2014 (both
days inclusive); and
(ii) Chapters specified against S.No.172A, means the 17th March, 2012 to 10th July, 2014 (both
days inclusive).
104. In the Central Excise Act, the Third Schedule shall be amended in the manner specified in the
Seventh Schedule.
Central Excise Tariff
105. In the Central Excise Tariff Act, 1985, the First Schedule shall be amended in the manner specified in the Eighth Schedule.