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Statutory Provisions

Home Acts & Rules Bill Bills FINANCE BILL, 2017 Chapters List Excise This

Clause 117 - Amendment of section 32F. - FINANCE BILL, 2017

FINANCE BILL, 2017
Excise
  • Contents

Amendment of section 32F.

117. In the Central Excise Act, in section 32F,––

(i) in sub-section (3), for the words “Commissioner of Central Excise having jurisdiction and the Commissioner”, the words “Commissioner of Central Excise or Principal Additional Director General of Central Excise Intelligence or Additional Director General of Central Excise Intelligence, as the case may be, having jurisdiction and such Commissioner or Additional Director General” shall be substituted;

(ii) after sub-section (5), the following sub-section shall be inserted, namely:––

“(5A) The Settlement Commission may, at any time within three months from the date of passing of the order under sub-section (5), amend such order to rectify any error apparent on the face of record, either suo motu or when such error is brought to its notice by the jurisdictional Principal Commissioner of Central Excise or Commissioner of Central Excise or Principal Additional Director General of Central Excise Intelligence or Additional Director General of Central Excise Intelligence or the applicant:

Provided that no amendment which has the effect of enhancing the liability of the applicant shall be made under this sub-section, unless the Settlement Commission has given notice of such intention to the applicant and the jurisdictional Principal Commissioner of Central Excise or Commissioner of Central Excise or Principal Additional Director General of Central Excise Intelligence or Additional Director General of Central Excise Intelligence, as the case may be, and has given them a reasonable opportunity of being heard.”.

 



 

Notes on Clauses:

Clause 117 of the Bill seeks to amend sub-section (3) of section 32F of the Central Excise Act so as to substitute certain words therein. It further seeks to insert a new subsection (5A) therein to enable the Settlement Commission to amend the order passed by it under sub-section (5) to rectify any error apparent on the face of record.

 
 
 
 

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