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Electricity Act, 2003 Section 179

Title: Rules and Regulations to Be Laid Before Parliament

State: Central

Year: 2003

Every rule made by the Central Government, every regulation made by the Authority, and every regulation made by the Central Commission shall be laid, as soon as may be after it is made, before each House of the Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

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Finance Act, 2003 Section 134

Title: National Calamity Contingent Duty of Customs

State: Central

Year: 2003

.....of additional duty is calculated under the provisions of sub-section (2) of section 3 of the Customs Tariff Act. (4) The provisions of the Customs Act and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties and imposition of penalty, shall, as far as may be, apply in relation to the levy and collection of the National Calamity Duty of Customs leviable under this section in respect of the goods specified in the Seventh Schedule to the Finance Act, 2001(14 of 2001) as amended by the Thirteenth Schedule, as they apply in relation to the levy and collection of the duties of customs on such goods under that Act, or those rules and regulations, as the case may be. 2[Omitted] __________________________________________________ 2. Omitted by the Finance Act, 2005, w.e.f. 13.05.2005. Prior to omission it read as under: "Explanation.-- For the removal of doubts, it is hereby declared that for the purposes of this section, on the expiry of the period of operation of the amendments made in the Seventh Schedule to the Finance Act, 2001(14 of 2001) in terms of section 169, the said Seventh Schedule but for such amendment shall.....

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Finance Act, 2003 Section 141

Title: Substitution of New Section for Section 13

State: Central

Year: 2003

For section 13 of the Central Excise Act, the following section shall be substituted, namely:- "13. Power to arrest.-- Any Central Excise Officer not below the rank of Inspector of Central Excise may, with the prior approval of the Commissioner of Central Excise, arrest any person whom he has reason to believe to be liable to punishment under this Act or the rules made thereunder.".

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Finance Act, 2003 Section 140

Title: Insertion of New Section 11dd

State: Central

Year: 2003

.....of the duty.-- (1) Where an amount has been collected in excess of the duty assessed or determined and paid on any excisable goods under this Act or the rules made thereunder from the buyer of such goods, the person who is liable to pay such amount as determined under sub-section (3) of section 11D, shall, in addition to the amount, be liable to pay interest at such rate not below ten per cent., and not exceeding thirty-six per cent. per annum, as is for the time being fixed by the Central Government, by notification in the Official Gazette, from the first day of the month succeeding the month in which the amount ought to have been paid under this Act, but for the provisions contained in sub-section (3) of section 11D, till the date of payment of such amount: Provided that in such cases where the amount becomes payable consequent to issue of an order, instruction or direction by the Board under section 37B, and such amount payable is voluntarily paid in full, without reserving any right to appeal against such payment at any subsequent stage, within forty-five days from the date of issue of such order, instruction or direction, as the case may be, no interest shall be.....

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Finance Act, 2003 Section 139

Title: Amendment of Section 11a

State: Central

Year: 2003

In section 11A of the Central Excise Act,-- (a) in sub-section (1), the second and third provisos shall be omitted; (b) in sub-section (2B), after the words "pay the amount of duty", the words "on the basis of his own ascertainment of such duty or on the basis of duty ascertained by a Central Excise Officer" shall be inserted.

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Finance Act, 2003 Section 138

Title: Amendment of Section 5a

State: Central

Year: 2003

In section 5A of the Central Excise Act, for sub-section (2), the following sub-section shall be substituted, namely:- "(2) If the Central Government is satisfied that it is necessary in the public interest so to do, it may, by special order in each case, exempt from payment of duty of excise, under circumstances of an exceptional nature to be stated in such order, any excisable goods on which duty of excise is leviable.".

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Finance Act, 2003 Section 137

Title: Amendment of Section 4a

State: Central

Year: 2003

.....sub-section (4), the following shall be substituted, namely:- '(4) Where any goods specified under sub-section (1) are excisable goods and the manufacturer-- (a) removes such goods from the place of manufacture, without declaring the retail sale price of such goods on the packages or declares a retail sale price which is not the retail sale price as required to be declared under the provisions of the Act, rules or other law as referred to in sub-section (1); or (b) tampers with, obliterates or alters the retail sale price declared on the package of such goods after their removal from the place of manufacture, then, such goods shall be liable to confiscation and the retail sale price of such goods shall be ascertained in the prescribed manner and such price shall be deemed to be the retail sale price for the purposes of this section. Explanation 1.--For the purposes of this section, "retail sale price" means the maximum price at which the excisable goods in packaged form may be sold to the ultimate consumer and includes all taxes, local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing,.....

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Finance Act, 2003 Section 136

Title: Amendment of Section 4

State: Central

Year: 2003

.....sales tax and other taxes, if any, actually paid, shall be deemed to include the duty payable on such goods."; (b) in sub-section (3),- (i) in clause (c),- (A) in sub-clause (ii), for the words "payment of duty,", the words "payment of duty;" shall be substituted; (B) after sub-clause (ii), the following sub-clause shall be inserted, namely:- "(iii) a depot, premises of a consignment agent or any other place or premises from where the excisable goods are to be sold after their clearance from the factory,"; (ii) after clause (c), the following clause shall be inserted, namely:- '(cc) "time of removal", in respect of the excisable goods removed from the place of removal referred to in sub-clause (iii) of clause (c), shall be deemed to be the time at which such goods are cleared from the factory;'.

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Finance Act, 2003 Section 135

Title: Amendment of Section 2

State: Central

Year: 2003

In section 2 of the Central Excise Act, 1944(1 of 1944) (hereinafter referred to as the Central Excise Act),- (a) in clause (aa), for the words and brackets "Gold (Control)", the words "Service Tax" shall be substituted; (b) in clause (f), for sub-clause (iii), the following sub-clause shall be substituted, namely:- "(iii) which, in relation to the goods specified in the Third Schedule, involves packing or repacking of such goods in a unit container or labelling or re-labelling of containers including the declaration or alteration of retail sale price on it or adoption of any other treatment on the goods to render the product marketable to the consumer,".

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Finance Act, 2003 Section 133

Title: Amendment of First Schedule

State: Central

Year: 2003

In the First Schedule to the Customs Tariff Act, with effect from such date as the Central Government may, by notification in the Official Gazette, appoint, in Chapter 15,-- (i) in tariff item 1516 10 00, for the entry in column (4), the entry "100 %" shall be substituted; (ii) in tariff item 1516 20 11, for the entry in column (4), the entry "100%" shall be substituted; (iii) in tariff item 1516 20 19, for the entry in column (4), the entry "100%" shall be substituted; (iv) in tariff item 1516 20 21, for the entry in column (4), the entry "100%" shall be substituted; (v) in tariff item 1516 20 29, for the entry in column (4), the entry "100%" shall be substituted; (vi) in tariff item 1516 20 31, for the entry in column (4), the entry "100%" shall be substituted; (vii) in tariff item 1516 20 39, for the entry in column (4), the-entry "100%" shall be substituted; (viii) in tariff item 1516 20 91, for the entry in column (4), the entry "100%" shall be substituted; (ix) in tariff item 1516 20 99, for the entry in column (4), the entry "100%" shall be substituted; (x) in tariff item 1517 10 10, for the entry in column (4), the entry "100%" shall be substituted; .....

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