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Finance Bill 2015 enacted Significant changes under the Central Excise and the Customs

Other Topics - By: - Bimal jain - Dated:- 19-5-2015 Last Replied Date:- 30-12-1899 - Dear Professional Colleague, The Hon ble President has given assent to the Finance Bill, 2015 on Thursday, May 14, 2015. Accordingly, the Finance Bill, 2015 has now become Finance Act (No.20), 2015. We have already provided the changes in Service tax that are effective from May 14, 2015 and the changes that will become effective only from the date to be notified in our earlier newsletter. Now, we are summarizing .....

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on, wilful mis-statement, etc., is involved but the details relating to the transactions are available in the specified record like reduced penalty of 50%, maximum penalty of 25% in cases where the duty amount, interest and reduced penalty is paid before issuance of SCN etc. Effective from May 14, 2015, Section 11A(5), 11A(6) and 11A(7) of the Excise Act are omitted so as to bring uniformity in treatment of cases involving fraud, collusion, wilful mis-statement, etc. irrespective of whether the .....

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ntaining provision relating to relevant date ) to provide that in cases where only interest is required to be recovered, the relevant date would be the date of payment of duty. Transition provisions - Explanation 2 has been substituted to provide that if Show Cause Notice was not issued prior to enactment of the Finance Bill, 2015, recovery of duty will be governed by the provisions as amended. Section 11AC: Rationalization of penal provisions: Non-fraud cases: In cases not involving fraud or .....

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ve been concluded; Reduced penalty equal to 25% (i.e. 2.5% of Duty) of the penalty if the duty amount, interest and reduced penalty is paid within 30 days of communication of the Adjudication Order. If the duty amount or penalty is increased in any Appellate proceedings, then the benefit of reduced penalty (i.e. 25%) shall be admissible if duty, interest and reduced penalty on such increased amount is paid within 30 days of such Appellate Order. Fraud cases: In cases involving fraud or collus .....

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of the President [i.e. May 14, 2015] (both days inclusive), the penalty shall be 50% of the duty so determined; Reduced penalty equal to 15% of the duty amount alleged in the SCN shall be levied if duty, interest and reduced penalty is paid within 30 days of issuance of SCN. Further proceedings in respect of such duty amount, interest and penalty shall be deemed to be concluded; Reduced penalty equal to 25% of the duty amount, determined by the Central Excise officer by an Adjudication Order, .....

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duty amount or penalty is increased in any Appellate proceedings, then the benefit of reduced penalty (i.e. 25%) shall be admissible if duty, interest and reduced penalty on such increased amount is paid within 30 days of such Appellate Order. Transition provisions: Explanation I prescribes transition provision in the following manner: Amended provisions of Section 11AC of the Excise Act shall apply to cases where no SCN is issued, before the date of enactment of the Finance Bill, 2015 (i.e. M .....

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d after the date of enactment of the Finance Bill, 2015 (i.e. May 14, 2015), assesse shall be eligible to benefit of reduced penalty of 25% of penalty amount in non-fraud cases or 25% of duty amount in fraud cases, subject to the condition that the payment of duty, interest and penalty is made within 30 days of the communication of the Order. Provisions relating to Settlement Commission has been amended to, inter alia, include amendment in the proviso to Section 31(c) to delete the reference to .....

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2000/-. S. No. 205A of Notification No. 12/2012-Central Excise dated March 17, 2012 exempts railway or tramway track construction material of iron and steel from payment of Excise duty on the value of rails, subject to conditions specified therein. This exemption is being made applicable retrospectively for the period from March 17, 2012 to February 2, 2014. PART II: CHANGES UNDER THE CUSTOMS EFFECTIVE FROM MAY 14, 2015 Changes under various Sections under the Customs Act, 1962 ( the Customs A .....

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l be deemed to have been concluded; Fraud cases: In cases involving fraud or collusion or wilful misstatement or suppression of facts or contravention of any provision of the Customs Act or Rules with the intent to evade payment of duty, in the following manner: Section 28(5) of the Customs Act amended to provide that reduced penalty equal to 15% (instead of 25% earlier) of the duty amount alleged in the SCN shall be levied if duty, interest and reduced penalty is paid within 30 days of issuan .....

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ceives the assent of the President (i.e. May 14, 2015); Section 112: Penalty for improper importation of goods etc. Section 112 is being amended so as to substitute sub-clause (ii) of clause (b) to provide that penalty for improper importation of the dutiable goods other than the prohibited goods would be higher of the following: 1. Penalty not exceeding 10% of the duty sought to be evaded or 2. ₹ 5,000/- It is also being provided that if the duty as determined under Section 28(8) of the .....

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r than the prohibited goods would be higher of the following: 1. Penalty not exceeding 10% of the duty sought to be evaded or 2. ₹ 5,000/- It is also being provided that if the duty as determined under Section 28(8) of the Customs Act and the interest payable thereon under Section 28AA thereof is paid within 30 days from the date of communication of the Order of the proper officer determining such duty, the amount of penalty liable to paid by such person under this Section shall be 25% of .....

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