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Central Excise Act 1944, Section 109 of the Finance Act, 2000 (10 of 2000), Validation of action taken under Section 3 of Act 1 of 1944, Sub-Section (1) of Section 3.


Section 109 of the Finance Act, 2000 (10 of 2000)
Validation of action taken under Section 3 of Act 1 of 1944

Any action taken or anything done or purporting to have been taken or done under sub-section (1) of Section 3 of the Central Excise Act, as amended by clause (ii) of Section 88 at any time during the period commencing on and from the 11th day of May, 1982 and ending at any time during the period commencing on and from the 11th day of May, 1982 and ending with the day, the Finance Act, 2000 receives the assent of the President shall be deemed to be and to always have been, for all the purposes, as validly and effectively taken or done as if the amendment made by clause (ii) of section 88 had been in force at all material times and, accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,

  1.  all duties of excise levied, assessed or collected during the said period on any excisable goods under the Central Excise Act, shall be deemed to be and shall be deemed to always have been, as validly levied, assessed or collected as if the amendment made by clause (ii) of section 88 had been in force at all material times;
  2.  no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for the refund of duties of excise, and no enforcement shall be made by any court of any decree or order directing the refund of, any such duties of excise which have been collected and which would have been validly collected if the amendment made by clause (ii) of section 88 had been in force at all material times;
  3. recovery shall be made of all such duties of excise which have not been collected or, as the case may be, which have been refunded but which would have been collected or, as the case may be, would not have been refunded, if the amendment made by clause (ii) of section 88 had been in force at all material times.

Explanation. - For the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force.


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