Amendment of section 9A.
103. In section 9A of the Central Excise Act, 1944 (1 of 1944) (hereinafter referred to as the Central Excise Act), in sub-section (2),
(i) for the words "such compounding amount", the words "such compounding amount and in such manner of compounding" shall be substituted;
(ii) the following proviso shall be inserted, namely:
"Provided that nothing contained in this sub-section shall apply to
(a) a person who has been allowed to compound once in respect of any of the offences under the provisions of clause (a), (b), (bb), (bbb), (bbbb) or (c) of sub-section (1) of section 9;
(b) a person who has been accused of committing an offence under this Act which is also an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985; (61 of 1985).
(c) a person who has been allowed to compound once in respect of any offence under this Chapter for goods of value exceeding rupees one crore;
(d) a person who has been convicted by the court under this Act on or after the 30th day of December, 2005."
Notes on Clauses:
Clause 103 of the Bill seeks to amend section 9A of the Central Excise Act with a view to amend sub-section (2) thereof by inserting the words "and in such manner" and a proviso in sub-section (2) thereof so as to provide for the manner of compounding of the offences and further to provide that certain offences and circumstances wherein the offences shall not be compoundable.
