Bare Act Search Results

Finance Act 1994 Section 73

Title: Recovery of Service Tax Not Levied or Paid or Short Lived or Short-paid or Erroneously Refunded

State: Central

Year: 1994

.....or paid or has been short-levied or short-paid or erroneously refunded, by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Chapter or the rules made thereunder, with intent to evade payment of service tax, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, such person or agent may pay service tax in full or in part as may be accepted by him, and the interest payable thereon under section 75 and penalty equal to twenty-five per cent. of the service tax specified in the notice or the service tax so accepted by such person within thirty days of the receipt of the notice.]; (2) The 2 [Central Excise Officer] shall, after considering the representation, if any, made by the person on whom notice is served under sub-section (1), determine the amount of service tax due from, or erroneously refunded to, such person (not being in excess of the amount specified in the notice) and thereupon such person shall pay the amount so determined. 3 [Provided that where such person has paid the service tax in full together with interest and.....

Central Excise Act, 1944 Section 11A

Title: Recovery of Duties Not Levied or Not Paid or Short-levied or Short-paid or Erroneously Refunded

State: Central

Year: 1944

.....or paid or has been short-levied or short-paid or erroneously refunded by reason of fraud, collusion or any wilful mis-statement or suppression of facts, or contravention of any of the provisions of this Act or of the rules made thereunder with an intent to evade payment of duty, by such person or his agent, the provisions of this sub-section shall have effect as if, for the words "one year", the words "five years" were substituted : 1 [***] Explanation : Where the service of the notice is stayed by an order of a Court, the period of such stay shall be excluded in computing the aforesaid period of one year or five years, as the case may be. 3 [(1A) When 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, by such person or his agent, to whom a notice is served under the proviso to sub-section (1) by the Central Excise Officer, may pay duty in full or in part as may be accepted by him, and the interest payable.....

Major Port Trusts Act, 1963 Section 56

Title: Notice of Payment of Charges Short-levied or Erroneously Refunded

State: Central

Year: 1963

(1) When any, Board is satisfied that any charge leviable under this Chapter has been short-levied or erroneously refunded, it may issue a notice to the person who is liable to pay such charge 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 : Provided that no such notice shall be issued after the expiry of two years,-- (a) when the charge is short-levied, from the date of the payment of the charge; (b) where a charge has been erroneously refunded, from the date of the refund. (2) The Board may, after considering the representation, if any, made by the person to whom notice is issued under sub-section (1), determine the amount due from such person and thereupon such person shall pay the amount so determined.

Finance Act 1994 Chapter 5

Title: Service Tax

State: Central

Year: 1994

.....Management Act, 1999 (42 of 1999); (9) "authorised service station" means any service station, or centre, authorised by any motor vehicle manufacturer, to carry out any 80[service, repair, reconditioning or restoration] of any motor car, light motor vehicle or two wheeled motor vehicle manufactured by such manufacturer; 39[(9a) "automated teller machine" means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions; (9b) "automated teller machine operations, maintenance or management service" means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services; (9c) "banker to an issue" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934(2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application.....

Central Excise Act, 1944 Chapter 2

Title: Levy and Collection of Duty

State: Central

Year: 1944

.....Value Added Tax (CENVAT)] on all excisable goods 3[(excluding goods produced or manufactured in special economic zones)]4 which are produced or manufactured in India as, and at the rates, set forth in the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); (b) a special duty of excise, in addition to the duty of excise specified in clause (a) above, on excisable goods 3[(excluding goods produced or manufactured in special economic zones)]4 specified in the Second Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which are produced or manufactured in India, as, and at the rates, set forth in the said Second Schedule :] 5[Provided that the duties of excise which shall be levied and collected on any 6[excisable goods which are produced or manufactured,-- 18[***] (ii) by a hundred per cent export-oriented undertaking and 9[brought to any other place in India], shall be an amount equal to the aggregate of the duties of customs which would be leviable 10[under the Customs Act, 1962 (52 of 1962) or any other law for the time being in force, on like goods produced or manufactured outside India if imported into India, and where the said duties of.....

Customs Act, 1962 Chapter 5

Title: Levy Of, and Exemption From, Customs Duties

State: Central

Year: 1962

.....in the rules made in this behalf shall be chargeable at the same rate of duty as that article; (b) if the importer produces evidence to the satisfaction of the proper officer regarding the value of any of the articles liable to different rates of duty, such article shall be chargeable to duty separately at the rate applicable to it. Section 20 - Re-importation of goods 1[20. Re-importation of goods If goods are imported into India after exportation therefrom, such goods shall be liable to duty and be subject to all the conditions and restrictions, if any, to which goods of the like kind and value are liable or subject, on the importation thereof. 2[***]] ________________________ 1. Substituted by Act 32 of 1994, section 60, for section 20(w.e.f. 13-5-1994). 2. Provisos and Explanations omitted by Act 22 of 1995, section 53 (w.e.f. 26-5-1995). Section 21 - Goods derelict, wreck, etc. All goods, derelict, jetsam, flotsam and wreck brought or coming into India, shall be dealt with as if they were imported into India, unless it be shown to the satisfaction of the proper officer that they are entitled to be admitted duty-free under this Act. Section 22 -.....

Service Tax Chapter V of the Finance Act, 1994 Complete Act

State: Central

Year: 1994

.....Management Act, 1999 (42 of 1999); (9) " authorized service station " means any service station or centre, authorized by any motor vehicle manufacturer, to carry out any 3[service, repair, reconditioning or restoration] of any motor car or two wheeled motor vehicle manufactured by such manufacturer; 4[(9a) " automated teller machine " means an interactive automatic machine designed to dispense cash, accept deposit of cash, transfer money between bank accounts and facilitate other financial transactions; 5[(9b) " automated teller machine operations, maintenance or management service " means any service provided in relation to automated teller machines and includes site selection, contracting of location, acquisition, financing, installation, certification, connection, maintenance, transaction processing, cash forecasting, replenishment, reconciliation and value-added services;] 6[(9c) " banker to an issue " means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934), carrying on the activities relating to an issue including acceptance of application, application money, allotment money and call money, refund of application money,.....

Central Excise Act, 1944 Complete Act

State: Central

Year: 1944

.....relating to Central Duties of Excise. Whereas it is expedient to consolidate and amend the law relating to central duties of excise' on goods manufactured or produced in certain parts of India. It is hereby enacted as follows:- CHAPTER 01: PRELIMINARY SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT 2(1) This Act may be called the Central Excise Act, 1944- ]. (2)It extends 3 to the whole of India 4 [***]. (3) It shall come into force on such date 5 as the Central Government may, by notification in the Official Gazette, appoint in this behalf. SECTION 02: DEFINITIONS In this Act, unless there is anything repugnant in the subject or context, - 6 [(a) "Adjudicating authority" means any authority competent to pass any order or decision under this Act, but does not include the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963), 7 [Commissioner of Central Excise (Appeals)] or Appellate Tribunal; (aa) "Appellate Tribunal" means the Customs, Excise and 1 [Service Tax] Appellate Tribunal constituted under section 129 of the Customs Act, 1962 (52 of 1962)]; 8 (aaa) "broker" or "commission agent" means a person who in.....

Customs Act, 1962 Complete Act

State: Central

Year: 1962

.....agreement or convention with any country; (s) the compliance of imported goods with any laws which are applicable to similar goods produced or manufactured in India; (t) the prevention of dissemination of documents containing any matter which is likely to prejudicially affect friendly relations with any foreign State or is derogatory to national prestige; (u) the prevention of the contravention of any law for the time being in force; and (v) any other purpose conducive to the interests of the general public. SECTION 11A: DEFINITIONS In this Chapter, unless the context otherwise requires,- (a) "illegal import" means the import of any goods in contravention of the provisions of this Act or any other law for the time being in force; (b) "intimated place" means a place intimated under sub-section (1), sub-section (2) or sub-section (3), as the case may be, of section 11C; (c) "notified date", in relation to goods of any description, means the date on which the notification in relation to such goods is issued under section 11B; (d) "notified goods" means goods specified in the notification issued under section 11B. SECTION 11B: POWER OF CENTRAL GOVERNMENT TO NOTIFY GOODS .....

Finance Act, 2001 Complete Act

State: Central

Year: 2001

.....Act-," (a) in sub-section (1)," (i) in the second proviso, for the words "undertaking was first set up", the words "undertaking began to manufacture or produce such articles or things or computer software" shall be substituted; (ii) the third proviso shall be omitted with effect from the 1st day of April, 2002; (b) for sub-section (4), the following sub-section shall be substituted, namely:" "(4) For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total turnover of the business carried on by the undertaking."; (c) after sub-section (9)," (i) below Explanation 1, the following proviso shall be inserted, namely:" "Provided that nothing contained in this Explanation shall apply to any change in the shareholding of the company as a result of" (a) its becoming a company in which the public are ubstantially interested; or (b) disinvestment of its equity shares by any venture capital company or venture capital fund." (ii) in.....