Central excise manual, chapter9, refund, introduction. In the central excise act, in section 3, in subsection 1. As per section 2f of central excise act, 1944 cea, manufacture includes any process. Explanation to section 2d provides that goods include any article material or.
Central excise tariff act is based on the harmonized system of nomenclature hsn. Exam questions question 14 define the term transaction value as per central excise act, 1944. Section 35f of central excise act, 1944 caclubindia. Download this app from microsoft store for windows 10 mobile, windows phone 8. Central board of excise and customs cbec is a part of the department of revenue under the ministry of finance, government of india. The amendment seeks to include warehouse in the definition of customs area to ensure that an importer is not asked to pay igst at the time of removal of goods from a customs station to a warehouse.
Lok sabha passes bill to make excise, customs acts compliant with. Doesnt require internet connection to view act view data section wise chapter wise advanced user friendly search for any keyword within sectionchapter ability to view. The central excise act, 1944, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Valuation of excisable goods for purposes of charging of duty of excise. Central excise act 1944 news and updates from the economictimes. The finance bill proposes to carry out an amendment in the definition of goods for excise purposes. By definition, refund includes rebate of duty paid on goods exported out of india or on materials used in the manufacture of goods exported out of india. Clause 5 of the bill seeks to amend section 2 of the central excise act, 1944 so as to replace the reference to the first schedule and the second schedule to the central excise tariff act, 1985, with the reference to the proposed fourth schedule to the central excise act, 1944, in the definition of excisable goods and manufacture and also. Central excise areas of law law library advocatekhoj. The amendment seeks to include warehouse in the definition of customs area to ensure that an.
The central excise act also provided for payment of interest on delayed payment of refund as per section 11bb. In every statute, to ensure due compliance of law, preventive and investigative provisions are incorporated. In this chapter, unless the context otherwise requires, a assessee means any person who is liable for payment of excise duty assessed under this act or. Whereas it is expedient to consolidate and amend the law relating to central duties of excise on goods manufactured or produced in certain parts of india. Central excise act, 1944 the central excise act, 1944. Excisable goods under central excise act,1944 cakart.
Download free sample and get upto 30% off on mrprental. For purpose of subsection 1, the central excise officer shall be entitled to use all the materials and other information produced by the assessee before the settlement commission or the result of the inquiry held or evidence recorded by the settlement commission in the course of the. Excise duties are of following types i basic excise duty. What is excise duty, excise duty definition, excise duty. Introduction to central excise act 1944 with special. What will be impact of amendment in section 35f of the central excise act, when appeal is filed after 06. Transaction value is the most commonly adopted method. What is excise duty, excise duty definition, excise duty news.
Section 2 definitions central excise act, 1944 late tribunal constituted under section 129 of the customs act, 1962 52 of 1962. Section 2f of the central excise act, 1944 cea defines manufacture as. In exercise of the powers conferred by subsection 1 of section 5a of the central excise act, 1944 1 of 1944, the central government, being satisfied that it is necessary in the public interest so to do, hereby directs that each of the notifications of the government of india in the ministry of. Cbdt asks it to slap higher tax rate on fraudulently revised itrs 26 nov, 2017, 04. Jul 10, 2015 considering the fact that amendment in law has to be prospective unless made retrospective in express terms the disputelis which was created before 01. May 29, 2018 exam questions question 14 define the term transaction value as per central excise act, 1944. As per section 2a of central excise act, basic excise duty is termed as cenvat with effect from 1252000. The bill seeks to include warehouse in the definition of customs. An act to consolidate and amend the law relating to central duties of excise whereas. Duties specified in first schedule and the second schedule to the central excise tariff act, 1985 to be levied.
The central excise act, 1944 was created to ensure that laws concerning the central duties of excise on any goods or products manufactured within the length and breadth of india, could be consolidated as well as amended by the central government. This tax is levied under the central excise act, 1944 hereinafter excise act. The definition of manufacture given under the excise act is an. Basic excise duty is also known as the central value added tax cenvat. Excise is governed by section 11b of the central excise act, 1944. Act, 1962, the customs tariff act, 1975, the central excise act, 1944, the. Central excise act section 34 page 7 judgments legalcrystal. The central excises and salt act, 1944 provides for the levy and collection of duties of excise on all excisable goods specified in the first schedule to that act. An act to consolidate and amend the law relating to central duties of excise chapter v settlement of cases section 31. Government of india ministry of finance department of revenue notification no. In this act, unless there is anything repugnant in the subject or context, 9 a adjudicating authority means any authority competent to pass any order or decision under this act, but does not include the central board of excise and customs constituted under the central boards of revenue act, 1963 54 of 1963, 10 commissioner of central excise.
Central excise act 1944 latest breaking news, pictures, videos, and special reports from the economic times. Duties specified in the the first schedule and the second schedule 4. They both talk about valuation of goods, with detailed explanation. Central excise act, 1944 sections 17 and 38a central. The central excise act was enacted on february 24, 1944 with an intention to consolidate and modify the legal principles dealing with central excise duties on commodities that are produced and fabricated in some parts of indian territory. Seeks to exempt duties of excise on goods falling within fourth schedule to central excise act, 1944, in excess of amount calculated at the rate of 50%. This is the basic law related to the levy and collection of duties of central excise. In the central excise act, 1944 hereinafter referred to. In exercise of the powers conferred by subsection 1 of section 5a of the central excise act, 1944 1 of 1944, the central government, on being satisfied that it is necessary in the public interest so to do, hereby exempts the goods falling under the chapter, heading, subheading or tariff item of the first schedule to the central excise. Definitions central excise act, 1944 bare acts law library. Central excise act, 1944 provides for following types of audit. Valuation of excisable goods for purposes of charging of duty. Excisable goods under central excise act,1944 section 2d of central excise act,1944.
Central excise act, 1944 bare acts law library advocatekhoj. Under the central excise act, 1944 and the rules made thereunder for collection of appropriate amount of excise duty the preventive and investigative provisions such as search, seizure, summons, arrest are provided for. Central excise act, 1944, which imposes a duty of excise on goods manufactured or produced in india. In this act, unless there is anything repugnant in the subject or context. Buy the central excise act, 1944 by pdf online from company secretary. Value under the central excise act,1944, central excise valuation determination of price of excisable goods, rules, 2001 transaction value, valuation rules, valuation of petroleum products, tariff value, value on basis of maximum retail sales price, petroleum products, tariff value, maximum retail sales price, restrictive trade practices act, 1969. To central excise act, 1944 validity such transaction between company and its policyholders was not similar to that of bank and its customerin case of bank customer after withdrawing money from his account was not obliged to refund same to bank nor was he liable to pay any markup thereon to bank while, in case of insurance company, its policyholders were obliged to refund such amount to. We have analysed following two entries relating to excise act 1944 union list.
Central excise act 1944 blogs, comments and archive news on. Accordingly, under the central excise act, 1944 the following values are relevant for assessment of duty. Entry no 84 duties of excise on tobacco and other goods manufactured or produced in. As per explanation to section 2d of the central excise act, 1944, excisable goods means those goods specified in the schedule to central excise tariff act, 1985 as being subject to duty of excise and includes salt.
To central excise act, 1944 validity such transaction between company and its. Today, im going to discuss such two sections of central excise act, 1944. Central excise duty in india international law india mondaq. Where under this act, the duty of excise is chargeable on any excisable goods with reference to their value, then, on each removal of the goods. This duty is levied under section 31a of central excise act. These are section 4, which determines goods value for the purpose of charging of excise duty. In this chapter, unless the context otherwise requires, a assessee means any person who is liable for payment of excise duty assessed under this act or any other act and includes. Cbec exempt excise duty on goods in fourth schedule to. This duty was levied under section 3 1 a of the central excise act, 1944. However this act does not contain the rate at which duties are imposed 4. Indian central excise manual, partiii, value under the. This category of excise duty was levied on goods that were classified under the first schedule of the central excise tariff act, 1985. Central excise act 1944 news and updates from the economic. Central excise act how is central excise act abbreviated.
Central excise act 1944 chapter ii levy and collection. Duties specified in the first schedule and the second schedule to the. App features complete central excise act and rules in digital format. Dec 15, 2011 today, im going to discuss such two sections of central excise act, 1944. Download the central excise act, 1944 by pdf online. Central sales tax, 1956, which imposes sales tax on goods sold in interstate trade or commerce in indisale of property situated within the state. Introduction presentation of refund claim scrutiny of refund claim and sanction payment of refund post audit monitoring and control for timely disposal of refunds.
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