Notes-2 - Notes on clauses - Customs - Finance Bill, 2015

Customs Clause 80 of the Bill seeks to amend section 28 of the Customs Act, so as to- (i) insert a proviso in sub-section (2) thereof to provide that where notice under clause (a) has been served and the proper officer is of the opinion that the amount of duty with interest leviable under section 28AA or the amount of interest, as the case may be, as specified in the notice, has been paid in full within thirty days from the date of receipt of the notice, no penalty shall be levied and the proceedings in respect of such person or other persons to whom the said notice is served under clause (a) of sub-section (1) shall be deemed to be concluded; (ii) impose a penalty of fifteen per cent. in place of twenty five per cent. of the duty referred to in sub-section (5) thereof; (iii) insert an Explanation after Explanation 2 thereof to declare that the proceedings in respect of any case of nonlevy, short-levy, non-payment, short-payment or erroneous refund where show cause notice has been issued under subsection (1) or sub-section (4), as the case may be, but an order determining duty under sub-section (8) has not been passed before the date on which the Finance Bill, 2015 receives the assent of the President, shall, without prejudice to the provisions of sections 135, 135A and 140, as may be applicable, be deemed to be concluded, if the payment of duty, interest and penalty under the proviso to sub-section (2) or under sub-section (5), as the case may be, is made in full within thirty days from the date on which such assent is received. Clause 81 of the Bill seeks to amend section 112 of the Customs Act, so as to substitute sub-clause (ii) of clause (b) thereof to specify a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher. The clause further seeks to provide that where such duty as determined under sub-section (8) of section 28 and the interest payable thereon under section 28AA, is paid within thirty days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twenty-five per cent. of the penalty so determined. Clause 82 of the Bill seeks to amend section 114 of the Customs Act, so as to substitute clause (ii) thereof to specify a penalty not exceeding ten per cent. of the duty sought to be evaded or five thousand rupees, whichever is higher. The clause further seeks to provide that where such duty as determined under subsection (8) of section 28 and the interest payable thereon under section 28AA, is paid within thirty days from the date of communication of the order of the proper officer determining such duty, the amount of penalty liable to be paid by such person under this section shall be twenty-five per cent. of the penalty so determined. Clause 83 of the Bill seeks to amend section 127A of the Customs Act, so as to omit the words in any appeal or revision, as the case may be, , occurring in the proviso to clause (b) thereof. Clause 84 of the Bill seeks to amend section 127B of the Customs Act, so as to omit sub-section (1A) thereof. Clause 85 of the Bill seeks to amend section 127C of the Customs Act, so as to omit sub-section (6) thereof. Clause 86 of the Bill seeks to omit section 127E of the Customs Act. Clause 87 of the Bill seeks to amend section 127H of the Customs Act, so as to omit the Explanation thereto. Clause 88 of the Bill seeks to amend sub-section (1) of section 127L of the Customs Act, so as to omit certain words.