Central Excise Rules - Amendment to Fourth Amendment of 1998 - 10/98 - Central Excise - Non Tariff

Central Excise Rules - Amendment to Fourth Amendment of 1998 Notification No. 10/98-C.E. (N.T.) Dated 29-4-1998 In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following rules further to amend the Central Excise (Fourth Amendment) Rules, 1998, namely :- 1. (1) These rules may be called the Central Excise [Fourth Amendment (Amendment)] Rules, 1998. (2) They shall come into force on the first day of May, 1998. 2. In the Central Excise (Fourth Amendment) Rules, 1998, - (i) In rule 2(i)(A), for clause (a), the following clause shall be substituted, namely :- "(a) under the heading "I. Total amount of duty liability for the period from the 1st day of September, 1997 to the 31st day of March, 1998", for clause (c), the following clause shall be substituted, namely : "(c) if a manufacturer fails to pay the total amount of duty payable under clause (a) by the 31st day of March, 1998, he shall be liable to pay the outstanding amount (that is the amount of duty which has not been paid by the 31st day of March, 1998) alongwith interest at the rate of eighteen per cent per annum on such outstanding amount calculated for the period from the 1st day of April, 1998 till the date of actual payment of the outstanding amount : Provided that if the manufacturer fails to pay the total amount of duty payable under clause (a) by the 30th day of April, 1998, he shall also be liable to pay a penalty equal to the outstanding amount of duty as on 30th day of April, 1998 or five thousand rupees, whichever is greater." '; (ii) in rule 2(i)(C), the following proviso shall be added at the end, namely :- "Provided that if the manufacturer fails to pay the total amount of the duty payable for each of the months from September, 1997 to March, 1998 by the 30th day of April, 1998, he shall also be liable to pay a penalty equal to the outstanding amount of duty as on 30th day of April, 1998 or five thousand rupees, whichever is greater."; (iii) in rule 2(ii)(A), for clause (a), the following clause shall be substituted, namely :- `(a) under the heading "I. Total amount of duty liability for the period from the 1st day of September, 1997 to the 31st day of March, 1998", for clause (c), the following clause shall be substituted, namely :- "(c) if a manufacturer fails to pay the total amount of duty payable under clause (a) by the 31st day of March, 1998, he shall be liable to pay the outstanding amount of duty (that is the amount of duty which has not been paid by the 31st day of March, 1998) alongwith interest at the rate of eighteen per cent per annum on such outstanding amount calculated for the period from the 1st day of April, 1998 till the date of actual payment of the outstanding amount : Provided that if the manufacturer fails to pay the total amount of duty payable under clause (a) by the 30th day of April, 1998, he shall also be liable to pay a penalty equal to the outstanding amount of duty as on 30th day of April, 1998 or five thousand rupees, whichever is greater." '; (iv) for rule 2(ii)(C), the following shall be substituted, namely :- (C) in sub-rule (3), for the fourth proviso, the following shall be substituted, namely : "Provided also that where a manufacturer fails to pay the whole of the amount of duty payable for any month by the 10th day of such month, he shall be liable to pay, - (i) the outstanding amount of duty alongwith interest thereon at the rate of eighteen per cent per annum calculated for the period from the 11th day of such month till the date of actual payment of the outstanding amount; and (ii) a penalty equal to the amount of duty outstanding from him at the end of such month or five thousand rupees, whichever is greater : Provided further that if the manufacturer fails to pay the total amount of the duty payable for each of the months from September, 1997 to March, 1998 by the 30th day of April, 1998, he shall also be liable to pay a penalty equal to the outstanding amount of duty as on the 30th day of April, 1998 or five thousand rupees, whichever is greater".