Notes-04 - Notes on clauses-Excise - Finance Bill, 2017

Excise Clause 111 of the Bill seeks to amend section 23A of the Central Excise Act so as to substitute the definition of Authority in clause (e) of the said section. Clause 112 of the Bill seeks to omit section 23B of the Central Excise Act. Clause 113 of the Bill seeks to amend sub-section (3) of section 23C of the Central Excise Act so as to enhance the application fee to rupees ten thousand. Clause 114 of the Bill seeks to amend sub-section (6) of section 23D of the Central Excise Act so as to extend the time-limit to six months for the Authority to pronounce its rulings. Clause 115 of the Bill seeks to insert a new section 23-I in the Central Excise Act so as to provide for transferring the pending applications before the erstwhile Authority for Advance Rulings (Central Excise, Customs and Service Tax) to the Authority constituted under section 245-O of the Income-tax Act, from the stage at which such proceedings stood as on the date on which the Finance Bill, 2017 receives the assent of the President. Clause 116 of the Bill seeks to amend section 32E of the Central Excise Act so as to insert a new sub-section (5) therein, to enable any person, other than assessee referred to in sub-section (1), to make an application to the Settlement Commission. Clause 117 of the Bill seeks to amend sub-section (3) of section 32F of the Central Excise Act so as to substitute certain words therein. It further seeks to insert a new subsection (5A) therein to enable the Settlement Commission to amend the order passed by it under sub-section (5) to rectify any error apparent on the face of record.