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Start Free TrialFinance Act, 2011, (Central) Section 38
Title: Substitution of New Section for Section 17
State: Central
Year: 2011
For section 17 of the Customs Act, the following section shall be substituted, namely:-- 17. Assessment of duty.--(1) An importer entering any imported goods under section 46, or an exporter entering any export goods under section 50, shall, save as otherwise provided in section 85, self-assess the duty, if any, leviable on such goods. (2) The proper officer may verify the self-assessment of such goods and for this purpose, examine or test any imported goods or export goods or such part thereof as may be necessary. (3) For verification of self-assessment under sub-section (2), the proper officer may require the importer, exporter or any other person to produce any contract, broker s note, insurance policy, catalogue or other document, whereby the duty leviable on the imported goods or export goods, as the case may be, can be ascertained, and to furnish any information required for such ascertainment which is in his power to produce or furnish, and thereupon, the importer, exporter or such other person shall produce such document or furnish such information. (4) Where it is found on verification, examination or testing of the goods or otherwise that the self-assessment is.....
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 41
Title: Amendment of Section 27
State: Central
Year: 2011
In section 27 of the Customs Act, for sub-section (1), the following sub-sections shall be substituted, namely:-- (1) Any person claiming refund of any duty or interest,-- (a) paid by him; or (b) borne by him, may make an application in such form and manner as may be prescribed for such refund to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, before the expiry of one year, from the date of payment of such duty or interest: Provided that where an application for refund has been made before the date on which the Finance Bill, 2011 receives the assent of the President, such application shall be deemed to have been made under sub-section (1), as it stood before the date on which the Finance Bill, 2011 receives the assent of the President and the same shall be dealt with in accordance with the provisions of sub-section (2): Provided further that the limitation of one year shall not apply where any duty or interest has been paid under protest. Explanation.-- For the purposes of this sub-section, the date of payment of duty or interest'' in relation to a person, other than the importer, shall be construed as the date of purchase of goods by such.....
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 74
Title: Amendment of Act 32 of 1994
State: Central
Year: 2011
.....by such person and shall proceed to recover such amount in the manner specified in sub-section (1). Explanation.--For the purposes of this sub-section and section 78, specified records means records including computerised data as are required to be maintained by an assessee in accordance with any law for the time being in force or where there is no such requirement, the invoices recorded by the assessee in the books of account shall be considered as the specified records. ; (E) in section 73B, after the first proviso, the following proviso shall be inserted, namely:-- Provided further that in the case of a service provider, whose value of taxable services provided in a financial year does not exceed sixty lakh rupees during any of the financial years covered by the notice issued under sub-section (3) of section 73A or during the last preceding financial year, as the case may be, such rate of interest shall be reduced by three per cent. per annum. ; (F) in section 75, the following proviso shall be inserted, namely:-- Provided that in the case of a service provider, whose value of taxable services provided in a financial year does not exceed sixty lakh rupees during.....
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 42
Title: Substitution of New Section for Section 28
State: Central
Year: 2011
.....not been paid, part-paid or erroneously refunded, for any reason other than the reasons of collusion or any wilful mis-statement or suppression of facts,-- (a) the proper officer shall, within one year from the relevant date, serve notice on the person chargeable with the duty or interest which has not been so levied or which has been short-levied or short-paid or to whom the refund has erroneously been made, requiring him to show cause why he should not pay the amount specified in the notice; (b) the person chargeable with the duty or interest, may pay before service of notice under clause (a) on the basis of,-- (i) his own ascertainment of such duty; or (ii) the duty ascertained by the proper officer, the amount of duty along with the interest payable thereon under section 28AA or the amount of interest which has not been so paid or part-paid. (2) The person who has paid the duty along with interest or amount of interest under clause (b) of sub-section (1) shall inform the proper officer of such payment in writing, who, on receipt of such information shall not serve any notice under clause (a) of that sub-section in respect of the duty or interest so paid or any.....
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 50
Title: Insertion of New Section 131ba
State: Central
Year: 2011
.....any appeal, application, revision or reference in any other case involving the same or similar issues or questions of law. (3) Notwithstanding the fact that no appeal, application, revision or reference has been filed by the Commissioner of Customs pursuant to the orders or instructions or directions issued under subsection (1), no person, being a party in appeal, application, revision or reference shall contend that the Commissioner of Customs has acquiesced in the decision on the disputed issue by not filing appeal, application, revision or reference. (4) The Appellate Tribunal or court hearing an appeal, application, revision or reference shall have regard to the circumstances under which the appeal, application, revision or reference was not filed by the Commissioner of Customs in pursuance of orders or instructions or directions issued under sub-section (1). (5) Every order or instruction or direction issued by the Board on or after the 20th day of October, 2010, but before the date on which the Finance Bill, 2011 receives the assent of the President, fixing monetary limits for filing appeal, application, revision or reference shall be deemed to have been issued under.....
View Complete Act List Judgments citing this sectionTamil Nadu Municipal Corporations Laws (Amendment) Act, 2011 Complete Act
State: Central
Year: 2011
.....50-A of the 1971 Act, the following Section, shall be inserted, namely:" "50-AA. Special Provisions." Notwithstanding anything contained in this Act or the Rules made or orders issued under this Act, until the ordinary election to be held in the year 2011, the territorial area of the wards of the city, the total number of wards and the total number of councillors shall be the same as they exist before the commencement of the Tamil Nadu Municipal Corporations Laws (Amendment) Act, 2011.". PART-III AMENDMENTS TO THE COIMBATORE CITY MUNICIPAL CORPORATION ACT, 1981 5. Amendment of Section 5. " In Section 5 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981) (hereafter in this Part referred to as the 1981 Act), in sub-section (1), for the expression "seventy two ", the expression "one hundred" shall be substituted. 6. Amendment of Section 51. " In Section 51 of the 1981 Act " (i) for the marginal heading, the following marginal heading shall be substituted, namely:- "One hundred divisions."; (ii) in sub-section (1), for the expression "seventy two" occurring in two places, the expression "one hundred" shall be substituted. 4......
List Judgments citing this sectionFinance Act, 2011, (Central) Section 67
Title: Amendment of Section 12
State: Central
Year: 2011
In section 12 of the Central Excise Act, after the word and figure section 3 , the words, figure and letter and section 3A shall be inserted and shall be deemed to have been inserted with effect from the 10th day of May, 2008: Provided that the provisions of the Customs Act, 1962(52 of 1962) relating to offences and penalties shall not apply for the matters covered by section 3A for the period beginning on the 10th day of May, 2008 and ending immediately before the day on which the Finance Bill, 2011 receives the assent of the President.
View Complete Act List Judgments citing this sectionFinance Act, 2011, (Central) Section 75
Title: Validation of Exemption Given to a Person by Tour Operator Having Contract Carriage Permit for Inter
State: Central
Year: 2011
.....the powers conferred by subsection (1) of section 93 of the Finance Act, 1994(32 of 1994), granting exemption from the whole of service tax leviable under section 66 of that Act to any person by a tour operator having a contract carriage permit for inter-State or intra-State transportation of passengers, excluding tourism, conducted tour, charter or hire service, shall be deemed to have, and deemed always to have, for all purposes, validly come into force on and from the 1st day of April, 2000, at all material times. (2) Refund shall be made of all such service tax which has been collected but which would not have been so collected as if the notification referred to in sub-section (1) had been in force at all material times. (3) Notwithstanding anything contained in the Finance Act, 1994()32 of 1994, an application for the claim of refund of service tax shall be made within six months from the date on which the Finance Bill, 2011 receives the assent of the President. Explanation.--For the removal of doubts, it is hereby declared that the provisions of section 11B of the Central Excise Act, 1944(1of 1944), shall be applicable in case of refunds under this section.
View Complete Act List Judgments citing this sectionState Bank of India (Subsidiary Banks Laws) Amendment Act, 2011, (Central) Section 10
Title: Substitution of New Section for Section 63
State: Central
Year: 2011
.....Bank and with the previous approval of the Central Government, by notification in the official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act or any other law for the time being in force. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for-- (a) the powers and duties of the managing director of the subsidiary bank; (b) the fees and allowances which may be paid to directors or others for attending any meetings of the Board of Directors or of its committees (including the executive committee) or other committees or for attending to any other work of the subsidiary bank; (c) the time and place at which, and the manner in which the business of the Board of Directors of the subsidiary bank shall be transacted and the procedure to be followed at the meetings thereof; (d) the constitution of the executive committee of the subsidiary bank and the conditions and limitations subject to which the executive committee may exercise its powers and.....
View Complete Act List Judgments citing this sectionCable Television Networks (Regulation) Amendment Act, 2011, (Central) Section 5A
Title: Substitution of New Sections for Section 4a
State: Central
Year: 2011
.....channels or bouquets of channels subscribed to by the subscriber, price of such channels or bouquets of channels as defined in the system, the activation or deactivation dates and time for any channel or bouquets of channels, a log of all actions performed on a subscriber's record, invoices raised on each subscriber and the amounts paid or discount allowed to the subscriber for each billing period. 4B. Right of way for cable operators and permission by public authority.-- (1) Subject to the provisions of this Act, any cable operator entitled for providing cable services may, from time to time, lay and establish cables and erect posts under, over, along, across, in or upon any immovable property vested in or under the control or management of a public authority. (2) Any public authority under whose control or management any immovable property is vested may, on receipt of a request from a cable operator permit the cable operator to do all or any of the following acts, namely:- (a) to place and maintain underground cables or posts; and (b) to enter on the property, from time to time, in order to place, examine, repair, alter or remove such cables or posts. (3) The.....
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