Section 49 - Amendment of Act 25 of 1978 - Finance (No. 2) Act, 1980

49. Amendment of Act 25 of 1978 In the Customs, Central Excises and Salt and Central Boards of Revenue (Amendment) Act, 1978, in new section 11B, as directed by section 21 of that Act to be inserted in the Central Excises Act,- (a) in sub-section (1), - (i) for the words from the date of payment of duty occurring in the opening portion, the words from the relevant date shall be substituted; (ii) the Explanation shall be omitted; (b) for the Explanation at the end, the following Explanation shall be substituted, namely:- 'Explanation.- For the purposes of this section (A) refund includes rebate of duty of excise on excisable goods exported out of India or on excisable materials used in the manufacture of goods which are exported out of India; (B) relevant date means,- (a) in the case of goods exported out of India where a refund of excise duty paid is available in respect of the goods themselves or, as the case may be, the excisable materials used in the manufacture of such goods,- (i) if the goods are exported by sea or air, the date on which the ship or the aircraft in which such goods are loaded, leaves India, or (ii) if the goods are exported by land, the date on which such goods pass the frontier, or (iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India; (b) in the case of goods returned for being remade, refined, reconditioned, or subjected to any other similar process, in any factory, the date of entry into the factory for the purposes aforesaid; (c) in the case of goods to which banderols are required to be affixed if removed for home consumption but not so required when exported outside India, if returned to a factory after having been removed from such factory for export out of India, the date of entry into the factory; (d) in a case where a manufacturer is required to pay a sum, for a certain period, on the basis of the rate fixed by the Central Government by notification in the Official Gazette in full discharge of his liability for the duty leviable on his production of certain goods, if after the manufacturer has made the payment on the basis of such rate for any period but before the expiry of that, period such rate is reduced, the date of such reduction; (e) in a case where duty of excise is paid provisionally under this Act or the rules made thereunder, the date of adjustment of duty after the final assessment thereof; (f) in any other case, the date of payment of duty.'.