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THE FINANCE (No. 2) ACT, 2009

Title : THE FINANCE (No. 2) ACT, 2009

Year : 2009



In the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act), in section 15, in sub-section (1), for the proviso,the following proviso shall be substituted,namely:-

"Provided that if a bill of entry has been presented before the date of entry inwards of the vessel or the arrival of the aircraft by which the goods are imported, the, bill of entry shall be deemed to have been presented on the date of such entry inwards or the arrival, as the case may be.".



In section 27 of the Customs Act, in sub-section (1), after the second proviso, the following proviso shall be inserted, namely:-

"Provided also that in the case of goods which are exempt from payment of duty by a special order issued under sub-section (2) of section 25, the limitation of one year or six months, as the case may be, shall be computed from the date of issue of such order.".



In section 28AA of the Customs Act, in the opening paragraph, for the words "Where a person", the words, figures and letters " Subject to the provisions contained in section 28AB, where a person" shall-be substituted.



After section 28AA of the Customs Act, the following section shall be inserted, namely:-

28AB Interest on delayed payment of duty in special cases.

(1) Where any duty has not been levied or has been short levied or erroneously refunded by reason of collusion or any wilful mis-statement or suppression of facts, the person who is liable to pay the duty as determined under sub-section (2) of section 28, shall, in addition to the duty, be liable to pay interest at such rate not below ten per cent.and not exceeding thirty per cent. per annum, as is for the time being fixed by the Board, from the first day of the month succeeding the month in which the duty ought to have been paid under this Act, or from the date of such erroneous refund, as the. case may be, but for the provisions contained in sub-section (2) of section 28, till the date of payment of such duty.

(2) For the removal of doubts, it is hereby declared that the provisions of subsection (1) shall not apply to cases where the duty became payable before the date on which the Finance (No. 2) Bill, 1996 receives the assent of the President.

Explanation
1.-Where the duty determined to be payable is reduced by the Commissioner (Appeals), the Appellate
Tribunal or, as the case may be, the court, the interest shall be payable on such reduced amount of duty.

Explanation 2.-Where the duty determined to be payable is increased or further increased by the Commissioner
(Appeals), the Appellate Tribunal or, as the case may be, the court, the interest shall be payable on such increased or further increased amount of duty.".



In section 46 of the Customs Act, in sub-section (3), for the second proviso, the following proviso shall be substituted, namely:-

"Provided further that a bill of entry may be presented even before the delivery of such manifest if the vessel or the aircraft by which the goods have been shipped for importation into India is expected to arrive within thirty days from the date of such presentation."



After section 114 of the Customs Act, the following section shall be inserted, namely:-

114A Penalty for short-levy or non-levy of duty in certain cases.

Where the duty has not been levied or has been short-levied or the interest has not been charged or paid or has not been part paid or the duty or interest has been erroneously refunded by reason of collusion or any wilful misstatement or suppression of facts, the person who is liable to pay the duty or interest, as the case may be, as determined under sub-section (2) of section 28 shall also be liable to pay a penalty equal to the duty or interest so determined;

Provided that where the duty or interest determined to be payable is reduced or increased by the Commissioner (Appeals), the Appellate Tribunal or, as the case may be, the court, then, for the purposes of this section, the duty or interest as reduced or increased, as the case may be, shall be taken into account:

Provided further
that where any penalty has been levied under this section, no penalty shall be levied under section112 or section 114."



In section 129 of the Customs Act, for sub-section (3), the following sub-section shall be substituted, namely:-

"(3) The Central Government shall appoint-

(a) A person who is or has been a Judge of a High Court; or

(b) One of the members of the Appellate Tribunal,to be the President thereof.".



In section 129C of the Customs Act, in sub-section (4), for the words "one lakh rupees", the words "ten lakh rupees" shall be substituted.



The Customs Tariff Act, 1975.(hereinafter referred to as the Customs Tariff Act) shall be amended in the manner specified in the Second Schedule.



(1) In the case of goods mentioned in the First Schedule to the Customs Tariff Act, or in that Schedule, as amended from time to time, there shall be levied and collected as a special duty of customs, an amount equal to two per cent. of the value of the goods as determined in accordance with the provisions of section 14 of the Customs Act.

(2) Sub-section (1) shall cease to have effect after the 31st day of March, 1999, and upon such cesser, section 6 of the General
Clauses Act, 1897 (10 of 1897). shall apply as if the said subsection had been repealed by Central Act.

(3) The special duties of customs referred to in sub-section (1)
shall be in addition to any duties of customs chargeable on such goods under the Customs Act or any other law for the time being in force.

(4) The provisions of the Customs Act and the rules and regulations made thereunder including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of the special duties of customs leviable under this section in respect of any goods as they apply in relation to the levy and collection of-the duties of customs on such goods under that Act or those rules/and regulations, as the case may be.



In the Central Excises and Salt Act, 1944 (1 of 1944). (hereinafter referred to as the Central Excises Act), in the long tide, the words "and to salt" shall be omitted.



In the preamble to the Central Excises Act, the words "and to salt" shall be omitted.



In section 1 of the Central Excises Act, for sub-section (1), the following subsection shall be substituted, namely:-

"(1) This Act may be called the Central Excise Act, 1944.".



In section 2 of the Central Excises Act, clauses (i) and (j) shall be omitted.



In section 3 of the Central Excises Act, in sub-section (1), for the words "other than salt which are produced or manufactured in India and a duty on salt manufactured in, or imported by land into, any part of India", the words "which are produced or manufactured in India" shall be substituted.



In section 4 of the Central Excises Act,-

(a) In sub-section (1),-in clause (a), in the proviso, after clause (i), the following clause shall be inserted, namely:-

"(ia) Where the price at which such goods are ordinarily sold by the assessee is different for different places of removal, each such price shall, subject to the existence of other circumstances specified in clause (a), be deemed to be the normal price of such goods in relation to each such place of removal;";

(b) In sub-section (4),-

(i) In clause (b),-

(A) In sub-clause (i), the word "or" occurring at the end shall be omitted;

(B) After sub-clause (ii), the following sub-clause shall be inserted, namely:-

(iii) A depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory and";

(ii) After clause (b), the following clause shall be inserted, namely:-

(ba) "Time of removal", in respect of goods removed from the place of removal referred to in sub-clause (iii) of clause (b), shall be deemed to be the time at which such goods are cleared from the factory..



In section 11AA of the Central Excises Act, in the opening paragraph, for the words"Where a person", the words figures and letters "Subject to the provisions contained in section 11AB, where a person" shall be substituted.



After section 11AA of the Central Excises Act, the following sections shall be inserted, namely:-

11AB Interest on delayed payment of duty.

(1) Where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful misstatement or suppression of facts, or contravention of any of the provisions of this Act or the rules made thereunder with intent to evade payment of duty, the person liable to pay duty as determined under sub-section (2) of section 11A shall, in addition to the duty, be liable to pay interest at such rate not below ten per cent. and not exceeding thirty per cent. per annum, as is for the time being fixed by the Board, from the first day of the month succeeding the month in which the duty ought to have been paid under this Act or the rules made thereunder or from the date of such erroneous refund, as the case may be, but for the provisions contained in sub-section (2) of section 11A, till the date of payment of such duty.

(2) For the removal of doubts, it is hereby declared that the provisions of subsection (1) shall not apply to cases where the duty became payable before the date on which the Finance (No. 2) Bill, 1996 receives the assent of the
President.

Explanation 1-Where the duty determined to be payable is reduced by the Commissioner (Appeals), the Appellate
Tribunal or, as the case may be, the court, the interest shall be payable on such reduced amount of duty.

Explanation 2.-Where the duty determined to be payable is increased or further increased by the Commissioner
(Appeals), the Appellate Tribunal or, as the case may be, the court, the interest shall be payable on such increased or further increased amount of duty.

11AC Penality for short-levy, of duty in certain cases.

Where any duty of excise has not been levied or paid or has been shortlevied or short-paid or erroneously refunded by reasons of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) of section 11A, shall also be liable to pay a penalty equal to the duty so determined:

Provided that where the duty determined to be payable is reduced or increased by the Commissioner (Appeals), the
Appellate Tribunal or, as the case may be, the court, then, for the purposes of this section, the duty as reduced or increased. as the case may be, shall be taken into account.".



In section 11B of the Central Excises Act, in the Explanation, in clause (B), after sub-clause (e), the following sub-clause shall be inserted, namely:-

(e) In the case of goods which are exempt from payment of duty by a special order issued under sub-section (2) of section 5A, the date of issue of such order;



In section 12 of the Central Excises Act, for the words and figures "Sea Customs Act, 1878 (8 of 1878).", the words and figures "Customs Act, 1962 (52 of 1962)." shall be substituted.



Chapter V of the Central Excises Act shall be omitted.



In section 35D of the Central Excises Act, in sub-section (3), for the words "one lakh rupees", the words "ten lakh rupees" shall be substituted.



In the Finance Act, 1985,-

(a) Sections 44 and 49 shall be omitted;

(b) Fifth Schedule shall be omitted.



The Central Excise Tariff Act,1985 (hereinafter referred to as the Central Excise Tariff Act) shall be amended in the manner specified in the Third Schedule.



The Additional Duties of Excise(Goods of Special Importance) Act, 1957 (hereinafter referred to as the Additional Duties of Excise Act) shall be amended in the manner specified in the Fourth Schedule.



In the Additional Duties of Excise (Textiles and Textile Articles) Act, 1978,-

(a) In section 3, in sub-section (1), for the words "twenty per cent.", the words "fifteen per cent." shall be substituted;

(b) The Schedule shall be amended in the manner specified in the Fifth Schedule.

Last updated on July, 2016

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