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BUDGETARY CHANGES IN CENTRAL EXCISE

Budget - By: - Mr. M. GOVINDARAJAN - Dated:- 3-2-2017 - The Finance Minister submitted the Finance Bill, 2017 ( Bill for short) in the Lok Sabha on 01.02.2017. In this article the changes reflected due to the Finance Bill and the notifications issued besides the bill in central excise are to be discussed. Changes in Central Excise Act, 1944 The Bill does not bring many a change in the Central Excise Act. Only changes are brought in the provisions related to Advance Rulings and Settlement Commiss .....

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E of the Customs Act, 1962. Omission of Section 23B Clause 112 of the Bill seeks to omit Section 23B which provides that no proceeding before, or pronouncement of advance ruling by, the Authority under this Chapter shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Authority. Enhancement of fee for Advance Ruling Section 23C (3) of the Act provides for the payment of fee for filing application before Authority for Adv .....

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for ninety days. Transitional provision Clause 115 of the Bill seeks to insert Section 23-I. The new section provides that on and from the date on which the Finance Bill, 2017 receives the assent of the President, every application and proceeding pending before the erstwhile Authority for Advance Rulings (Central Excise, Customs and Service Tax) shall stand transferred to the Authority from the state at which such application or proceeding stood as on the date of such assent. Changes in relation .....

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re the Settlement Commission and such notice is pending before an Adjudicating Authority, in such manner and subject to such conditions as may be prescribed. Report to be furnished to Settlement Commission Section 32F (3) of the Act provides that where an application is allowed or deemed to have been allowed to be proceeded, the Settlement Commission shall, within seven days from the date of order, call for a report along with the relevant records from the Principal Commissioner of Central Excis .....

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ligence, as the case may be, having jurisdiction and such Commissioner or Additional Director General . Rectification of mistake Section 32F (5) provides for the issuance of order by Settlement Commission. Clause 117 (ii) of the bill seeks to insert a new sub section (5A). The newly inserted Section 32 (5A) provides that the Settlement Commission may, at any time within three months from the date of passing of the order under Section 32F (5), amend such order to rectify and error apparent on the .....

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intention to the applicant and the jurisdictional Principal 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. Changes in Rules Change in Central Excise Rules, 2002 - Remission of duty Notification 5/2017-Central Excise (N.T.), dated 02.02.2017 provides for the insertion of Section 21(2) in Central Excis .....

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exceed Rs.10,000/- the provisions of this rule shall have effect as if for the expression Principal Commissioner or Commissioner, as the case may be, the expression Superintendent of Central Excise has been substituted:. The second proviso provides that where such duty exceeds ₹ 10,000/- but does not exceed ₹ 1 lakh, the provisions of this rule shall have effect as if for the expression Principal Commissioner or Commissioner, as the case may be, the expression Assistant Commissioner .....

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otification seek to renumber Section 21 as 21(1) and insert the new sub-rule 21(2) which reads as follows: Rule 2(2) provides that the authority referred to in sub-rule (1) shall, within a period of 3 months from the date of receipt of the application, decide the remission of duty. The period specified in this sub rule may, on sufficient cause being shown and reasons to be recorded in writing, be extended by an authority next higher than the authority before whom the application for remission of .....

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