The Central Excise Act 1944
(As Amended By Finance Act, 2025)
CHAPTER-I : PRELIMINARY |
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Section 1 | Short title, extent and commencement. |
Section 2 | Definitions. |
Section2A | References of certain expressions. |
CHAPTER-II : LEVY AND COLLECTION OF DUTY |
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Section 3 | Duties specified in the First Schedule and the Second Schedule to the Central Excise Tariff Act, 1985 to be levied |
Section 3A | Power of Central Government to change Excise Duty on the basis of capacity of production in respect of notified goods. |
Section 3B | Emergency power of Central Government to increase duty of excise. |
Section 3C | Power of Central Government to amend Fourth Schedule. |
Section 4 | Valuation of excisable goods for purposes of charging of duty of excise. |
Section 4A | Valuation of excisable goods with reference to retail sale price. |
Section 5 | Remission of duty on goods found deficient in quantity. |
Section 5A | Power to grant exemption from duty of excise. |
Section 5B | Non reversal of Cenvat Credit |
Section 6 | Registration of certain persons. |
Section 7 | Omitted w.e.f. 14.05.1992 |
Section 8 | Restriction on possession of excisable goods. |
Section 9 | Offences and penalties |
Section 9A | Certain offences to be non-cognizable. |
Section 9AA | Offences by companies. |
Section 9B | Power of Court to publish name/ place of business, etc., of persons convicted under the Act. |
Section 9C | Presumption of culpable mental state. |
Section 9D | Relevancy of statements under certain circumstances. |
Section 9E | Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958. |
Section 10 | Power of Courts to order forfeiture. |
Section 11 | Recovery of sums due to Government. |
Section 11A | Recovery of duties not-levied or not-paid or short-levied or short-paid or erroneously refunded. |
Section 11AA | Interest on delayed payment of duty. |
Section 11AC | Penalty for short-levy or non-levy of duty in certain cases. |
Section 11B | Claim for refund of duty and interest, if any, paid on such duty. |
Section 11BB | Interest on delayed refunds. |
Section 11C | Power not to recover duty of excise not-levied or short-levied as a result of general practice. |
Section 11D | Duties of excise collected from the buyer to be deposited with the Central Government. |
Section 11DD | Interest on the amounts collected in excess of the duty. |
Section 11DDA | Provisional attachment to protect revenue in certain cases. |
Section 11E | Liability under Act to be first charge |
Section 12 | Application of the provisions of Act [No. 52 of 1962] to Central Excise Duties. |
CHAPTER - IIA : INDICATING AMOUNT OF DUTY IN THE PRICE OF GOODS, ETC. FOR PURPOSE OF REFUND AND CREDITING CERTAIN AMOUNTS TO THE FUND |
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Section 12A | Price of goods to indicate the amount of duty paid thereon |
Section 12B | Presumption that the incidence of duty has been passed on to the buyer. |
Section 12C | Consumer Welfare Fund. |
Section 12D | Utilisation of the Fund. |
CHAPTER - III : POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS |
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Section 12E | Powers of Central Excise Officers. |
Section 12F | Power of search and seizure. |
Section 13 | Power to arrest |
Section 14 | Power to summon persons to give evidence and produce documents in inquiries under this Act. |
Section 14A | Special audit in certain cases. |
Section 14AA | Special audit in cases where credit of duty availed or utilised is not within the normal limits, etc. |
Section 15 | Officers required to assist Central Excise Officers. |
Inserted[Section 15A] | Obligation to furnish information return. |
Inserted[Section 15B] | Penalty for failure to furnish information return. |
Section 16 | Omitted w.e.f. 11-5-2002 |
Section 17 | Omitted w.e.f. 11-5-2002 |
Section 18 | Searches and arrests how to be made. |
Section 19 | Disposal of persons arrested. |
Section 20 | Procedure to be followed by officer-in-charge of police station. |
Section 21 | Inquiry how to be made by Central Excise Officers against arrested persons forwarded to them under section 19. |
Section 22 | Vexatious search, seizure, etc. by Central Excise Officers. |
Section 23 | Failure of Central Excise Officer in duty. |
CHAPTER - IIIA : ADVANCE RULINGS |
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Section 23A | Definitions. |
Omitted |
Vacancies etc., not to invalidate proceedings. |
Section 23C | Application for advance ruling |
Section 23D | Procedure on receipt of application. |
Section 23E | Applicability of advance ruling. |
Section 23F | Advance ruling to be void in certain circumstances. |
Section 23G | Powers of Authority. |
Section 23H | Procedure of Authority. |
Section 23I | Transitional provision |
CHAPTER - IV : TRANSPORT BY SEA |
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Section 24 | Omitted w.e.f. 1.03.02 |
Section 25 | Omitted w.e.f. 1.03.02 |
Section 26 | Omitted w.e.f. 1.03.02 |
Section 27 | Omitted w.e.f. 1.03.02 |
Section 28 | Omitted w.e.f. 1.03.02 |
Section 29 | Omitted w.e.f. 1.03.02 |
Section 30 | Omitted w.e.f. 1.03.02 |
CHAPTER - V : SETTLEMENT OF CASES |
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Section 31 | Definitions |
Section 31A | Interim Board for Settlement |
Section 32 | Customs and Central Excise Settlement Commission. |
Section 32A | Jurisdiction and powers of Settlement Commission. |
Section 32B | Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances. |
Section 32C | Power of Chairman to transfer cases from one Bench to another. |
Section 32D | Decision to be by majority. |
Section 32E | Application for settlement of cases. |
Section 32F | Procedure on receipt of an application under section 32E. |
Section 32G | Power of Settlement Commission to order provisional attachment to protect revenue. |
Section 32H | Power of settlement Commission to reopen completed proceedings. |
Section 32I | Powers and procedure of Settlement Commissions. |
Section 32J | Inspection, etc., of reports. |
Section 32K | Power of Settlement commission to grant immunity from prosecution and penalty. |
Section 32L | Power of Settlement Commission to send a case back to the Central Excise Officer. |
Section 32M | Order of settlement to be conclusive. |
Section 32N | Recovery of sums due under order of settlement |
Section 32-O | Bar on subsequent application for settlement in certain cases |
Section 32P | Proceedings before Settlement Commission to be judicial proceedings. |
Section 32PA | Omitted w.e.f. 01.06.2007 |
CHAPTER - VI : ADJUDICATION OF CONFISCATIONS AND PENALTIES |
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Section 33 | Power of adjudication. |
Section 33A | Adjudication procedure |
Section 34 | Option to pay fine in lieu of confiscation. |
Section 34A | Confiscation or penalty not to interfere with other punishments. |
CHAPTER - VIA : APPEALS |
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Section 35 | Appeals to Commissioner (Appeals). |
Section 35A | Procedure in appeal. |
Section 35B | Appeals to the Appellate Tribunal. |
Section 35C | Orders of Appellate Tribunal. |
Section 35D | Procedure of Appellate Tribunal. |
Section 35E | Powers of Committee or Chief Commissioners of Central Excise or Commissioners of Central Excise to pass certain orders. |
Section 35EA | Omitted |
Section 35EE | Revision by Central Government. |
Substituted[Section 35F] |
Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. |
[helldodold[Section 35F] | Deposit, pending appeal, of duty demanded or penalty levied.]helldod] |
Substituted Section 35FF |
Interest on delayed refund of amount deposited under section 35F. |
[helldodold[Section 35FF] | Interest on delayed refund of amount deposited under the proviso to section 35 F.]helldod] |
Section 35G | Appeal to High Court. |
Section 35H | Application to High Court. |
Section 35-I | Power of High Court or Supreme Court to require statement to be amended. |
Section 35J | Case before High Court to be heard by not less than two judges. |
Section 35K | Decision of High Court or Supreme Court on the case stated. |
Section 35L | Appeal to the Supreme Court. |
Section 35M | Hearing before Supreme Court. |
Section 35N | Sums due to be paid notwithstanding reference, etc. |
Section 35O | Exclusion of time taken for copy. |
Section 35P | Transfer of certain pending proceedings and transitional provisions. |
Section 35Q | Appearance by authorised representative. |
Section 35R | Appeal not to be filed in certain cases. |
Section 36 | Definitions. |
CHAPTER - VIB : PRESUMPTION AS TO DOCUMENTS |
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Section 36A | Presumption as to documents in certain cases. |
Section 36B | Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence. |
CHAPTER - VII : SUPPLEMENTAL PROVISIONS |
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Section 37 | Power of Central Government to make rules. |
Section 37A | Delegation of Powers. |
Section 37B | Instructions to Central Excise Officers. |
Section 37C | Service of decisions, orders, summons, etc. |
Section 37D | Rounding off of duty, etc. |
Section 37E | Publication of information respecting persons in certain cases. |
Section 38 | Publication of rules and notifications and laying of rules before Parliament. |
Section 38A | Effect of amendments, etc., of rules, notifications or orders. |
Section 38B | Savings of references to Chapter, heading, subheading and tariff item in Central Excise Tariff Act, 1985. |
Section 39 | Repeal of enactments. |
Section 40 | Protection of action taken under the Act. |
SCHEDULES |
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The First Schedule | Omitted by Section 4 of Central Excise Tariff Act 1985 |
The Second Schedule | See Section 8 (Tobacco) |
The Third Schedule | See Section 2(f)(iii) |
The Fourth Schedule | See section 2 (d) and 2 (f) (ii) |