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Statutory Provisions

Home Acts & Rules Bill Bills FINANCE (No. 2) BILL, 2019 Chapters List Customs This

Clause 78 - Amendment of section 135. - FINANCE (No. 2) BILL, 2019

FINANCE (No. 2) BILL, 2019
Customs
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Amendment of section 135.

78. In section 135 of the Customs Act,––

(i) in sub-section (1),-

(a) in clause (d), for the words ‘‘export of goods,’’, the words ‘‘export of goods; or’’ shall be substituted;

(b) after clause (d), the following clause shall be inserted, namely:-

“(e) obtains an instrument from any authority by fraud, collusion, wilful misstatement or suppression of facts and such instrument has been utilised by such person or any other person,”;

(c) in item (i),-

(I) in sub-item (D), for the words ‘‘of rupees,’’, the words ‘‘of rupees; or’’ shall be substituted;

(II) after sub-item (D), the following sub-item shall be inserted, namely:-

“(E) obtaining an instrument from any authority by fraud, collusion, wilful misstatement or suppression of facts and such instrument has been utilised by any person, where the duty relatable to utilisation of the instrument exceeds fifty lakh rupees,”.

(ii) after sub-section (3), the following Explanation shall be inserted, namely:––

Explanation.–– For the purposes of this section, the expression “instrument” shall have the same meaning as assigned to it in the Explanation 1 to section 28AAA.’.

 



 

Notes on Clauses:

Clause 78 of the Bill seeks to amend sub-section (1) of section 135 of the Customs Act so as to insert a new clause (e) therein to make obtaining of an instrument by any person from any authority by fraud, collusion, wilful misstatement or suppression of facts, where such instrument has been utilised by such person or any other person a punishable offence.

The new clause (E) in item (i) of sub-section (1) seeks to make obtaining an instrument from any authority by fraud, collusion, wilful misstatement or suppression of facts, where such instrument has been utilised by any person a punishable offence if the duty relatable to utilisation of the instrument exceeds fifty lakhs of rupees.

It is also proposed to insert an Explanation to define the term “instrument”.

 
 
 
 

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