Excise & Customs - Presentation

7/28/2019 Excise & Customs - Presentation

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UNION BUDGET 2013 - 2014

AMENDMENTS UNDER EXCISE AND CUSTOMS ACT


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CENTRAL EXCISE ACT, 1944

AMENDMENTS AT GLANCE


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LEGISLATIVE CHANGES

1. ADVANCE RULING

Section 23ADefinition of ActivityAmended to incorporate any new business of

production or manufacture proposed to be

undertaken by existing producer or manufacturer

Section 23C(2)(e)Application forAdvance Ruling

Amended to extend its scope to admissibility of

credit of service tax paid on input services in

addition to credit of excise duty in manufacture of

excisable goods

Now resident public limited companies will also beeligible for seeking advance ruling as it is available

under Section 28E under the Customs Act, 1962


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LEGISLATIVE CHANGES

2. ARRESTS AND PROSECUTIONS

Section 9 - Evasion of Duty Punishable OffenceIn case of evasion exceeding Rs. 50 lakhs - punishable

with imprisonment extending to 7 years & fine

Section 9A - Non Cognizable

OffencesAll offences except an offence where

duty evasion exceeds Rs. 50 lakhsu/sec.9 to be non cognizable& bailable


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LEGISLATIVE CHANGES

3. RECOVERY PROCEEDINGS

Section 11Recovery of Sums Due to GovernmentAmended to provide recovery of dues from any person other

than from the defaulter after giving proper notice

Section 11ARecovery in case of not levied, short levied,

not paid, short paid etc. duty

Inserted Sub Section (7A) by virtue of which, service of a

statement containing details of duty not paid , short levied etc.duty upon assessee to be deemed show cause notice under

section 11A


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LEGISLATIVE CHANGES

4. APPEALS

Section 35C (2A)Orders of Appellate TribunalAmended - the stay granted by Tribunal to stand vacated

after 365 days even if disposal of case pending for no fault of

assessee

Section 35DProcedure of

Appellate Tribunal

Amended to enhance monetary limit of

Single Bench entertain appeals to Rs. 50

lakhs


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MISCELLANEOUS

CAPTIVE CONSUMPTION

Full exemption from excise duty is beingprovided to intermediate goods manufactured

and consumed captively by exempted units

under Area Based Exemption Scheme in

Himachal Pradesh and Uttarakhand


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THE CUSTOMS ACT, 1962

AMENDMENTS AT GLANCE


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LEGISLATIVE CHANGES

1. ADVANCE RULING

Section 28EDefinition of Activity

Amended to incorporate any new business of import

or export proposed to be undertaken by existing

importer or exporter


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2. ARRESTS AND PROSECUTIONS

LEGISLATIVE CHANGES

Section 104 (6)Power to ArrestAmended to make the offences under Section

135 non bailable:

In case of evasion exceeding Rs. 50 Lakhs Attempts to export any goods which are

liable to confiscation

Fraudulently availing drawback or

exemption from duty of amount exceeding

Rs. 50 Lakhs


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LEGISLATIVE CHANGES

3. APPEALS

Section 129B (2A)Orders of AppellateTribunal

Amended - the stay granted by Tribunal to stand vacated

after 365 days even if disposal of case pending for no fault of

assessee over coming the judgment of Honorable Gujarat HighCourt in the case ofPoly Fill Sacks vs Union Of India (Uoi)

Section 129CProcedure of

Appellate Tribunal

Amended to enhance monetary limit of

Single Bench entertain appeals to Rs. 50

lakhs


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Section 11Prohibition on Importation and

Exportation of Goods

Amended to include Designs and Geographical indications

along with patents, copyrights and trademarks to prohibitimport or export of goods to protect these legal rights

Section 27Claim for Refund of Duty

Amended to provide that if the amount of refund claimed

is less than rupees hundred, the same shall not be

refunded

Section 28Recovery of DutiesAmended to provide that show cause notice will not be

served where the amount demanded is less than rupees

one hundred

LEGISLATIVE CHANGES

4. OTHER AMENDMENTS

cont.


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LEGISLATIVE CHANGES

4. OTHER AMENDMENTS cont

Section 28BAProvisional Attachment

Amended to provide for provisional attachment of property

on the grounds of collusion or wilful mis-statement or

suppression of facts

Section 47 (2)Clearance of Goods for HomeConsumption

Amended to reduce the interest free period for payment of

import duty from five days to two days

Section 49

Storage of Imported Goods in WarehouseAmended to restrict the period of storage of imported goods,

pending clearance, in a warehouse to thirty days and to

authorise assessing officer to extend the period of storage

for further period not exceeding thirty days at a time

cont.


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LEGISLATIVE CHANGES

4. OTHER AMENDMENTS cont

Section 135Evasion of Duty or Prohibitions

Amended to increase the threshold limit of evasion of duty

in connection with exports to Rs. 50 Lakhs

Section 146Custom House Agents to be licensed

Substituted the phrase "customs house agent" with thephrase "customs broker considering the global practice and

internationally accepted nomenclature

Section 147(3)Liability of Principal and AgentAmended to expand the scope of the liability of agents ofthe owner, importer or exporter of any goods


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LEGISLATIVE CHANGES

5. BAGGAGE RULES, 1998

Rule 6 & Rule 8JewelleryAmended to raise duty free allowance in respect

of jewellery for an Indian passenger who has

been residing abroad for over one year or a

person who is transferring his residence to

India to Rs.50,000 in case of a gentlemanpassenger and Rs.1,00,000 in case of a lady

passenger

Rule 10

Application of Baggage Rules to Members of theCrew

Amended to raise the duty free allowance for

crew member of vessel/aircraft from Rs.600 to

Rs.1500


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CHANGE IN RATES OF DUTY

Full exemption from export duty is being givenretrospectively on flat rolled products of iron or non-alloy steel, plated or coated with zinc falling under

headings 7210 and 7212 vide notification No. 27/2011-

Customs, dated 01.03.2011 from 01.03.2011

RETROSPECTIVELY


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THANK YOU

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