Amendment of section 32E
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.
Notes on Clauses:
Clause 93 of the Bill seeks to amend sub-section (1) of section 32E of the Central Excise Act by inserting a proviso therein so as to allow the Settlement Commission to entertain an application by the applicant where returns are not filed by him. It further seeks to substitute the word, figures and letters “section 11AA” for the word, figures and letters “section 11AB” to align it with the existing provision on interest on delayed payment of duty. It also seeks to omit sub-section (2) of that section as the same has become redundant and leads to different interpretations.
