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Central Excise Law is a self-contained Provision, Levy of Duty, the law provides for the adjudication matters relating to the legal provisions.


PART II
ADJUDICATION

  1. Introduction

    1.1 Central Excise law is a self-contained provision. Besides containing the provisions for levy of duty, the law also provides for the adjudication of matters relating to the legal provisions. The adjudication is done by the departmental officers, and in this capacity they act as quasi-judicial officers.
  2. Adjudication and determination of duty

    2.1 Adjudication of confiscation and penalty has to be done by Officers specified in section 33 of the Central Excise Act, 1944. Central Excise Officers have the power to determine duty short paid or not paid erroneously refunded under section 11A of the said Act. For this purposes, the Board has decided the powers of adjudication and determination of duty shall be exercised, based on monetary limit (duty involved in a case): -
    1. All cases involving fraud, collusion, any wilful misstatement, suppression of facts, or contravention of Central Excise Act/ Rules made there under-with intent to evade payment of duty and / or where extended period has been invoked in show-cause-notices, (including CENVAT cases, will be adjudicated by:-
      Central Excise Officers Powers of Adjudication
      (Amount of duty involved)
      Commissioners Without limit
      Additional Commissioners Upto Rs. 20 lakhs
      Joint Commissioners Upto Rs. 10 lakhs

    2. Cases which do not fall under the category (A) above, will be adjudicated as follows:-
      Central Excise Officers Powers of Adjudication
      (Amount of duty involved)
      Commissioners Without limit
      Additional /Joint Commissioners Above Rs. 2 lakhs and
      upto Rs. 20 lakhs
      Deputy/Assistant Commissioners Upto Rs. 2 lakhs.

    3. Cases related to issues mentioned under first proviso to Section 35B(1) of Central Excise Act, 1944 would be adjudicated by the Addl. Commissioners/ Joint Commissioners without any monetary limit.
    4. All cases relating to determination of classification and valuation will be adjudicated by the Deputy/Assistant Commissioner of Central Excise without any monetary limit.
    2.2 The Board, under section 2(b) of the Central Excise Act, 1944 read with rule 3 also invests certain officers with powers of Commissioners or other officers through out the territory of India, for the purpose of investigation and adjudication.

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What is New?

Date: 20-02-2018
DGFT Notification No. 51/2015-2020
Amendment in the Foreign Trade (Exemption from application of Rules in certain cases) Amendment Order, 2017.

Date: 19-02-2018
Notification No. 14/2018-Customs (N.T.)
Customs Tariff (Determination of Origin of Goods under the Comprehensive Economic Partnership Agreement between the Republic of India and Japan) Amendment Rules, 2018

Date: 16-02-2018
Public Notice No. 62/2015-2020
Directtives for processing of applicatin for MEIS claims under Foreign Trade Policy 2015-20

Date: 16-02-2018
Public Notice No. 61/2015-2020
Inclusion of Seaports located at Dhamra Port and Dighi Port under Para 4.37 of Hand Book of Procedures 2015-20.

Date: 15-02-2018
Public Notice No. 60/2015-2020
Amendments/Corrections in Table 2 of Appendix 3B Foreign Trade Policy 2015-20

Date: 15-02-2018
Notification No. 13/2018-Customs (N.T.)
Exchange Rates Notification No.11/2018-Custom(NT) dated 1.2.2018

Date: 15-02-2018
Notification No. 12/2018-Customs (N.T.)
Tariff Notification in respect of Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver.

Date: 12-02-2018
Notification No. 26/2018-Customs
seeks to further amend the notification No. 50/2017- Customs, dated the 30th June 2017 so as to reduce the Basic Customs Duty on motorcycles falling under tariff heading 8711.

Date: 06-02-2018
Notification No. 25/2018-Customs
Seeks to increase BCD tariff rate on Chana (Chickpeas), [Tariff item 0713 20 0] from 30% to 40% by invoking section 8A (1) of the Customs Tariff Act, 1975 and accordingly, the effective rate of BCD on Chana (Chickpeas), will also be 40%.

Date: 06-02-2018
Notification No. 24/2018-Customs
Seeks to increase import duty on all types of sugar under tariff head 1701, [Raw sugar, Refined or White sugar, Raw sugar if imported by bulk consumer] from the present 50% to 100% (Tariff rate) with immediate effect and without an end date.



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