CHAPTER IV
INDIRECT TAXES
Customs
Amendment of notification sissued under sub-section (1) of section 25 of the Customs Act.
60. (1) The notifications of the Government of India in the Ministry of Finance (Department of Revenue) number G.S.R. 118(E), dated the 1st March, 2002 and number G.S.R. 92(E), dated the 1st March, 2006, issued under sub-section (1) of section 25 of the Customs Act, shall stand amended and shall be deemed to have been amended retrospectively, in the manner specified in column (3) of the Second Schedule, on and from the corresponding date specified in column (4) of that Schedule, against each of the notifications specified in column (2) 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 notifications referred to in said sub-section (1) with retrospective effect as if the Central Government had the power to amend the said notifications under sub-section (1) of section 25 of the Customs Act, retrospectively, at all material times.
(3) No suit or other proceedings shall be instituted, maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods, under any such rule, regulation, notification or order and no enforcement shall be made by any court, of any decree or order relating to such action taken or anything done or omitted to be done as if the amendment made in said notifications had been in force at all material times.
(4) Recovery shall be made of the amount which has not been paid but which would have been paid as if the amendment made in the manner specified in said sub-section (1) had been in force at all material times.
Explanation.—For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if the notifications referred to in this section had not been amended retrospectively.
Notes on Clauses:
Clause 60 of the Bill seeks to amend notification numbers G.S.R. 118(E), dated 1st March, 2002 and G.S.R. 92(E), dated 1st March, 2006 issued under sub-section (1) of section 25 of the Customs Act retrospectively with effect from 26th June, 2009 so as to -
(a) increase customs duty from nil to 16%, on the removal of electrical energy from Special Economic Zone to Domestic Tariff Area or the non-processing areas of a Special Economic Zone and to provide that in respect of other supplies, the rate shall continue to be nil;
(b) exempt electrical energy from 4% Special Countervailing Duty leviable under sub-section (5) of section 3 of the Customs Tariff Act.
