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 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. 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): - 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 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. 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. 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.
Get Sample Now Which service(s) are you interested in? Export Data Import Data Both Buyers Suppliers Both OR Exim Help + Exim News Date: 26-07-2024 Budget proposals for marine sector to boost India's aquaculture, seafood exports: MPEDA Date: 26-07-2024 India's duty cut halts concessionary silver, platinum imports from UAE Date: 26-07-2024 Govt eases norms for EPCG license holders Date: 26-07-2024 Government was sleeping at wheel: Congress on 'fall' in India's garment exports Date: 25-07-2024 India to get a three-tiered GST regime in next few months? Date: 25-07-2024 Budget 2024: Cut in customs duty, credit guarantee scheme for MSMEs to help boost mfg, exports: Expe Date: 25-07-2024 'Too high' import duty cut on gold to help contain smuggling, boost exports: CBIC Date: 25-07-2024 Budget 2024: No changes in RoDTEP, drawback schemes or 45-day payment rule a miss for MSME exporters Date: 24-07-2024 Budget earmarks Rs 1.28 lakh cr for telecom min; BSNL gets lion's share of Rs 82,916 cr Date: 24-07-2024 Gold and silver to become cheaper, customs duty cut to 6% What is New? Date: 23-07-2024 Notification No. 39/2024-Customs Seeks to amend notification No. 45/2017-Customs dated 30th June, 2017 in order to extend the time period of re-import. Date: 23-07-2024 Notification No. 51/2024-Customs (N.T.) Seeks to amend Customs Tariff (Identification, Assessment and Collection Countervailing Duty on Subsidized Articles and for Determination of Injury) Rules, 1995 to provide for New Shippers Review Date: 23-07-2024 Notification No. 29/2024-CUSTOMS Seeks to amend notification No. 154/94-Customs dated the 13th July, 1994 which provides for duty free import of commercial samples. Date: 23-07-2024 Notification No. 31/2024-Customs Seeks to amend notification No. 11/2021-Customs dated 1st February, 2021 so as to revise AIDC applicable on certainitems. Date: 23-07-2024 Notification No. 33/2024-Customs Seeks to amend notification No. 57/2000-Customs dated 8th May 2000, which provides concessional rate for gold, silver and platinum imported under specified schemes. Date: 23-07-2024 Notification No. 34/2024-Customs Seeks to amend notification related to electronics including Nos.25/1999-Customs, 25/2002-Customs and 57/2017- Customs. Date: 23-07-2024 NOTIFICATION No. 35/2024-Customs Seeks to amend notification No. 8/2020-Customs dated 1st February, 2020 in order to revise Health Cess on certain items. Date: 23-07-2024 Notification No. 36/2024-Customs Seeks to provide exemption/concessional rate of BCD and SWS to critical minerals. Date: 23-07-2024 Notification No. 37/2024-Customs Seeks to amend notification no. 27/2011-Customs dated 1st March, 2011 in order to amend the export duty on specified items of raw hides, skins and leather. Date: 19-07-2024 Notification No. 50/2024 –Customs (N.T.) Amendment to Notification No. 24/2023-Customs (N.T.) dated 01.04.2023 - Extension of RoDTEP support to exports by unit in SEZ.
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