Skip to content

Applicability of provisions of the Central Excise Act, 1944 to service tax [Section 83]

Applicability of provisions of the Central Excise Act, 1944 to service tax [Section 83] :

The following provisions of the Central Excise Act, 1944 are made applicable to service tax vide section 83.

                     Section No.                                                                                                                                     Title
Sub-section (2A) of section 5A An explanation inserted in a notification/order within one year of the date of issue of such notification/order for clarifying the scope or applicability thereof shall apply retrospectively from the date of issue of the original notification/order.
Sub-section (1) of section 9A Certain offences to be non-cognizable
Section 9AA Offences by companies
Section 9B Power of Court to publish name, place of business, etc., of persons convicted under the Act
Section 9C Presumption of culpable mental state
Section 9D Relevancy of statements under certain circumstances
Section 9E Application of section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958
Section 11B Claim for refund of duty.
Section 11BB Interest on delayed refunds.
Section 11C Power of Central Government not to recover duty of excise not levied or short levied as a result of general practice
Section 12 Application of provisions of Act No. 52 of 1962 to Central Excise Duties.
Section 12A Invoice to indicate the amount of duty paid thereon.
Section 12B Presumption that the incidence of duty has been passed on to the buyer.
Section 12C Consumer Welfare Fund.
Section 12D Utilization of the Consumer Welfare Fund.
Section 12E Powers of Central Excise Officers.
Section 14 Power to summon persons to give evidence and produce documents in inquiries under this Act.
Section 15 Officers required to assist Central Excise Officers
Section 15A Obligation to furnish information return
Section 15B Penalty for failure to furnish information return
Section 31 Settlement Commission
Section 32
Section 32A to 32P
Section 33A Adjudication Procedure
Section 34A Confiscation/penalties not to interfere with other punishments
Section 35EE Revision by the Central Government
Section 35F Deposit of certain percentage of duty demanded or penalty imposed before filing appeal
Section 35FF Interest on delayed refund of amount deposited under section 35F (pre-deposit)
Section 35G Appeal to High Court
Section 35H Application to High Court
Section 35I Power of High Court or Supreme Court to require statement to be amended
Section 35J Case before High Court to be heard by not less than two judges
Section 35K Decision of High Court or Supreme Court on the case stated
Section 35L Appeal to the Supreme Court
Section 35M Hearing before Supreme Court
Section 35N Sums due to be paid notwithstanding reference, etc.
Section 35O Exclusion of time taken for copy
Section 35Q Appearance by authorised representative
Section 35R CBEC empowered to issue instructions regarding non-filing of appeal in certain cases
Section 36 Definitions
Section 36A Presumptions as to documents in certain cases
Section 36B Admissibility of micro films, facsimile copies of documents and computer print outs as documents and as evidence.
Section 37A Delegation of powers
Section 37B Instructions to Central Excise Officers
Section 37C Service of decisions, orders, summons, etc.
Section 37D Rounding off of duty, etc.
Section 38A Effect of amendments, etc., of rules, notifications or orders
Section 40 Protection of action taken under the Act.

 

Leave a Reply