Notes-4 - Notes on clauses - Central Excise - Finance Bill, 2015

Central Excise Clause 90 of the Bill seeks to amend section 3A of the Central Excise Act with a view to insert Explanation 3 therein, so as to explain that, for the purposes of sections (2) and (3) of section 3A of the Central Excise Act, the word factor includes factors . Clause 91 of the Bill seeks to amend section 11A of the Central Excise Act, so as to- (i) omit sub-sections (5), (6) and (7) thereof; (ii) omit the words or sub-section (5) occurring in subsections (7A), (8) and clause (b) of sub-section (11); (iii) amend Explanation thereof; (iv) insert a new sub-section (16) therein to provide that the provisions of this section shall not apply to cases where the liability of duty not paid or short -paid is self-assessed and declared as duty payable by the assesse in the periodic returns filed by him, and in such case, recovery of non-payment or short payment of duty shall be made in such manner as may be prescribed. (v) substitute Explanation 2 thereof to provide that any nonlevy, short-levy, non-payment, short-payment or erroneous refund where no show cause notice has been issued before the date on which the Finance Bill, 2015 receives the assent of the President, shall be governed by the provisions of section 11A as amended by the Finance Act, 2015; Clause 92 of the Bill seeks to substitute a new section for section 11AC of the Central Excise Act so as to rationalise the penalty provisions contained therein. Clause 93 of the Bill seeks to amend section 31 of the Central Excise Act, so as to omit the words in any appeal or revision, as the case may be, occurring in the proviso in clause (c) thereof. Clause 94 of the Bill seeks to amend section 32 of the Central Excise Act, so as to omit the proviso to sub-section (3) thereof. Clause 95 of the Bill seeks to amend section 32B of the Central Excise Act, so as to substitute the words the Member for the words , as the case may be, such one of the Vice-Chairmen . Clause 96 of the Bill seeks to amend section 32E of the Central Excise Act, so as to omit sub-section (1A) thereof. Clause 97 of the Bill seeks to amend section 32F of the Central Excise Act so as to omit certain words therefrom. Clause 98 of the Bill seeks to omit section 32H of the Central Excise Act. Clause 99 of the Bill seeks to omit the Explanation to subsection( 1), of section 32K of the Central Excise Act. Clause 100 of the Bill seeks to amend sub-section (1) of section 32-O of the Central Excise Act, so as to omit certain words therefrom. Clause 101 of the Bill seeks to amend sub-sections (4) and (5) of section 37 of the Central Excise Act so as to substitute the words two thousand rupees with the words five thousand rupees . Clause 102 of the Bill seeks to amend the notification of the Government of India in the Ministry of Finance issued under subsection (1) of section 5A of the Central Excise Act bearing number G.S.R. 163 (E), dated the 17th March, 2012 in the manner specified in the Third Schedule so as to amend the said notification retrospectively for the period as specified in the said Schedule. Clause 103 of the Bill seeks to amend the Third Schedule to the Central Excise Act in the manner specified in the Fourth Schedule, so as to insert and amend certain entries therein.