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Customs Act, 1962 Section 12 of the Central Excise Act, 1944 Order in Original Confirming the Duty Demand Cases Decided by Commissioner of Central Excise.


PART III
Recovery of Dues

  1. Recovery of dues

    1.1 In the event the Government dues are not paid the law provides for recovery thereof. For the recovery of dues the provisions of Section 142 of the Customs Act, 1962 have been made applicable to like matters in Central Excise by Notification No. 68/63-Central Excise dated 4.5.1963 issued under Section 12 of the Central Excise Act, 1944.

    1.2 If the stay application is filed by the assessee against the Order-in-Original confirming the duty demand, no coercive action should be taken to realise the dues till the disposal of the stay application by the Commissioner of Central Excise (Appeal). However, the Commissioner (Appeal) must dispose of the stay application within one month of its filing.

    1.3 A period of 3 months from the date of communication of the order-in-original/ order-in appeal should be normally be provided for (one month for filing appeal and stay application and two more months for obtaining orders on the stay application), before taking coercive measures to recover the dues. However, iIf a stay application of an assessee is rejected by an appellate authority even before the lapse of the time limit of three months, recovery proceedings should be initiated immediately thereafter.

    1.4 In respect of cases decided by Commissioner of Central Excise (Appeals), Tribunal, Government of India or High Court, the assessee should be given a maximum period of one month from the date of communication of the Order to pay up the dues before resorting to any coercive action. In case of decision of Supreme Court of India, the assessee should pay the Government dues, if any, forthwith or else the recovery proceedings, shall be initiated within 15 days of the communication of the order.

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What is New?

Date: 21-09-2017
Notification No. 90/2017 - Customs (N.T.)
Exchange Rates Notification No.90/2017-Custom(NT) dated 21.09.2017

Date: 21-09-2017
Notification No. 89/2017 - Customs (N.T.)
All Industry Rates of Duty Drawback Schedule

Date: 21-09-2017
Notification No. 88/2017 - Customs (N.T.)
The Customs and Central Excise Duties Drawback Rules, 2017

Date: 20-09-2017
Circular No. 37/2017-Customs
Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28th August, 2017.

Date: 18-09-2017
Notification No. 45/2017-Customs (ADD)
Seeks to impose anti-dumping duty on "New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16'' used in buses and lorries/trucks",originating in or exported from China PR.

Date: 16-09-2017
Circular No. 35/2017-Customs
Guidelines for provisional release of seized imported goods pending adjudication under Section 110A of the Customs Act, 1962.

Date: 15-09-2017
Notification No. 87/2017 - 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: 15-09-2017
A. P. (DIR Series) Circular No. 04
Export Data Processing and Monitoring System (EDPMS) Issuance of Electronic Bank Realisation Certificate (eBRC)

Date: 15-09-2017
Notification No. 76/2017-Customs
Seeks to amend certain customs notifications in pursuance to change made in Budget 2017-18.

Date: 15-09-2017
Notification No. 35/2017-Central Tax
Seeks to extend the last date for filing the return in FORM GSTR-3B for the months of August to December, 2017.



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