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. |