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Start Free TrialPublic Debt Act, 1944 Section 1
Title: Short Title and Commencement
State: Central
Year: 1944
(1) This Act may be called the Public Debt1[x] Act, 1944. 2[ * * * *] (3) It shall come into force on such3date as the Central Government may, by notification in the official Gazette, appoint in this behalf. ________________________ 1. The words and brackets "(Central Government)" were omitted by the Public Debt (Central Government) Amendment Act, 1949 (6 of 1949), Section 3 (1 -4-1949). 2. Sub-section (2) was omitted by the Public Debt (Amendment) Act, 1956 (57 of 1956), Section 3 (15-10-1956). 3. The Act came into force on 1-5-1946,
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35E
Title: Powers of Board or Commissioner of Central Excise to Pass Certain Orders
State: Central
Year: 1944
..... 3. Inserted by Act 14 of 2001, section 129 (w.e.f. 11-5-2001). 4. Inserted by Act 62 of 1986, section 34. 5. Substituted by the Finance Act, 2005, section 80, for "Board". 6. Substituted by Act 22 of 1995, section 70, for "Collector (Appeals)" (w.e.f. 26-5-1995). 7. Substituted by Act 20 of 2002, section 141, for sub-section (3). 8. Inserted by Act 29 of 1988, section 11 (w.e.f. 16-8-1988). 9. Substituted by Act 27 of 1999, section 119, for "the Schedule" (w.e.f. 11-5-1999). 10. Substituted for "such authority" by the Taxation Laws (Amendment) Act, 2006. 11. Substituted by the Finance Act, 2007. Prior to substitution, it read as under:- "7(3) The Board or 5[Commissioner of Central Excise, as the case may be, shall, where it is possible to do so, make order under sub-section (1) or sub-section (2), within a period of six months, but not beyond a period of one year, from the date of the decision or order of the adjudicating authority." 12. Substituted for the words "three months" by the Finance Act, 2007. 13. Inserted by the Finance Act, 2008. 14. Substituted by the Finance Act, 2008 for the following :- 1[(3) The Committee of Chief Commissioners.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 33A
Title: Adjudication Procedure
State: Central
Year: 1944
1[33A. Adjudication procedure (1) The Adjudicating authority shall, in any proceeding under this Chapter or any other provision of this Act, give an opportunity of being heard to a party in a proceeding, if the party so desires. (2) The Adjudicating authority may, if sufficient cause is shown, at any stage of proceeding referred to in sub-section (1), grant time, from time to time, to the parties or any of them and adjourn the hearing for reasons to be recorded in writing: Provided that no such adjournment shall be granted more than three times to a party during the proceeding.] ________________________ 1. Inserted by Act 23 of 2004, section 81 (w.e.f. 10-9-2004).
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 34
Title: Option to Pay Fine in Lieu of Confiscation
State: Central
Year: 1944
Whenever confiscation is adjudged under this Act or the rules made thereunder, the officer adjudging it, shall give the owner of the goods an option to pay in lieu of confiscation such fine as the officer thinks fit.
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 34A
Title: Confiscation or Penalty Not to Interfere with Other Punishments
State: Central
Year: 1944
1[34A. Confiscation or penalty not to interfere with other punishments No confiscation made or penalty imposed under the provisions of this Act or of any rules made thereunder shall prevent the infliction of any other punishment to which the person affected thereby is liable under the provisions of this Act or under any other law.] ________________________ 1. Inserted by Act 36 of 1973, section 22 (w.e.f. 1-9-1973).
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35
Title: Appeals to Commissioner (Appeals)
State: Central
Year: 1944
.....adjournment shall be granted more than three times to a party during hearing of the appeal.] (2) Every appeal under this section shall be in the prescribed form and shall be verified in the prescribed manner. ________________________ 1. S ubstituted by Act 22 of 1995, section 70, for "Collector (Appeals)" (w.e.f. 26-5-1995). 2. Substituted by Act 22 of 1995, section 70, for "Collector of Central Excise" (w.e.f. 26-5-1995). 3. Substituted by Act 22 of 1995, section 70, for "Collector of Central Excise (Appeal)" (w.e.f. 26-5-1995). 4. Substituted by Act 14 of 2001 section 127, for "within three months". 5. Substituted by Act 14 of 2001, section 127, for the proviso (w.e.f. 11-5-2001). 6. Inserted by Act 23 of 2004, section 82 (w.e.f. 10-9-2004).
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35A
Title: Procedure in Appeal
State: Central
Year: 1944
.....where it is possible to do so, hear and decide every appeal within a period of six months from the date on which it is filed.] (5) On the disposal of the appeal, the 1 [Commissioner (Appeals)] shall communicate the order passed by him to the appellant, 4 [the adjudicating authority and the Commissioner of Central Excise.] ________________________ 1. Substituted by Act 22 of 1995, section 70, for "Collector (Appeals)" (w.e.f. 26-5-1995). 2. Substituted by Act 14 of 2001, section 128, for certain words (w.e.f. 11-5-2001). 3. Inserted by Act 14 of 2001, section 128 (w.e.f. 11-5-2001). 4. Substituted by the Finance Act, 2005, section 78, for "and of the Commissioner of Central Excise".
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35B
Title: Appeals to the Appellate Tribunal
State: Central
Year: 1944
.....payment of duty; 6[( d) credit of any duty allowed to be utilised towards payment of excise duty on final products under the provisions of this Act or the rules made thereunder and such order is passed by the Commissioner (Appeals) on or after the date appointed under section 109 of the Finance (No. 2) Act, 1998:] Provided further that the Appellate Tribunal may, in its discretion, refuse to admit an appeal in respect of an order referred to in clause ( b) or clause ( c) or clause ( d) where- ( i) in any disputed case, other than a case where the determination of any question having relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or ( ii) the amount of fine or penalty determined by such order, does not exceed7[fifty thousand rupees]. 8[(1A) Every appeal against any order of the nature referred to in the first proviso to sub-section (1), which is pending immediately before the commencement of section 47 of the Finance Act, 1984 before the Appellate Tribunal and any matter arising out of, or connected with, such appeal and.....
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35C
Title: Orders of Appellate Tribunal
State: Central
Year: 1944
.....35B, the Appellate Tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order: Provided furtherthat if such appeal is not disposed of within the period specified in the first proviso, the stay order shall, on the expiry of that period, stand vacated. (3) The Appellate Tribunal shall send a copy of every order passed under this section to the Commissioner of Central Excise and the other party to the appeal. (4)2[Save as provided in the National Tax Tribunal Act, 2005],, orders passed by the Appellate Tribunal on appeal shall be final. ___________________________ 1. Inserted by Finance (No. 2) Act 2004 w.e.f. 09.07.2004. 2. Substituted for the words "Save as provided in section 35G or section 35L" by the National Tax Tribunal Act, 2005.
View Complete Act List Judgments citing this sectionCentral Excise Act, 1944 Section 35D
Title: Procedure of Appellate Tribunal
State: Central
Year: 1944
.....has been allotted to the Bench of which he is a member where-- (a) in any disputed case, other than a case where the determination of any question having relation to the rate of duty of excise or to the value of goods for purposes of assessment is in issue or is one of the points in issue, the difference in duty involved or the duty involved; or (b) the amount of fine or penalty involved, does not exceed 2 [3 [4 [ten lakh rupees]]]. ________________________ 1. Sub-section (2) omitted by Act 22 of 1995, section 77 (w.e.f. 26-5-1995). 2. Substitution by Act 21 of 1984, section 48, for "ten thousand rupees" (w.e.f. 11-5-1984). 3. Substitution by Act 33 of 1993, section 45, for "fifty thousand rupees" (w.e.f. 13-5-1993). 4. Substitution by Act 33 of 1996, section 80, for "one lakh rupees" (w.e.f. 28-9-1996).
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