Central Excise Rules, 1944 - Fourth Amendment of 1998 - 07/98 - Central Excise - Non Tariff

Central Excise Rules, 1944 - Fourth Amendment of 1998 Notification No. 7/98-C.E. (N.T.) Dated 10-3-1998 In exercise of the powers conferred by section 37 of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby makes the following rules further to amend the Central Excise Rules, 1944, namely :- 1.(1) These rules may be called Central Excise (Fourth Amendment) Rules, 1998. (2) They shall come into force on the first day of April, 1998. 2. In the Central Excise Rules, 1944, - (i) in rule 96ZO, - (A) in sub-rule (1), - (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, - (i) pay the outstanding amount of duty (that is the amount of duty which has not been paid by the 31st day of March, 1998) along with interest at the rate of eighteen per cent per annum on the outstanding amount, calculated for the period from the 1st day of April, 1998 till the date of actual payment of the outstanding amount; and (ii) a penalty equal to such outstanding amount of duty or five thousand rupees, whichever is greater."; (b) under the heading "II. Total amount of duty liability for a financial year subsequent to 1997-98", 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, of the relevant financial year, he shall be liable to, - (i) pay the outstanding amount of duty (that is the amount of duty which has not been paid by the 31st day of March of the relevant financial year) along with interest at the rate of eighteen per cent per annum on such outstanding amount, calculated for the period from the 1st day of April of the immediately succeeding financial year till the date of actual payment of the whole of outstanding amount; and (ii) a penalty equal to such outstanding amount of duty or five thousand rupees, whichever is greater."; (B) after sub-rule (1), the following sub-rule shall be inserted, namely :- "(1A) If any manufacturer removes any of the non-alloy steel ingots and billets specified in sub-rule (1) without complying with the requirements of the provisions of that sub-rule, then all such goods shall be liable to confiscation and the manufacturer shall be liable to a penalty not exceeding three times the value of such goods, or five thousand rupees, whichever is greater."; (C) in sub-rule (3), for the third proviso, the following proviso shall be substituted, namely :- Provided also that where a manufacturer fails to pay the whole of the amount payable for any month by the 15th day or the last day of such month, as the case may be, he shall be liable to, - (i) pay the outstanding amount of duty along with interest thereon at the rate of eighteen per cent per annum, calculated for the period from the 16th day of such month or the 1st day of next month, as the case may be, till the date of actual payment of the outstanding amount; and (ii) a penalty equal to such outstanding amount of duty or five thousand rupees, whichever is greater."; (ii) in rule 96ZP, - (A) in sub-rule (1), - (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, - (i) pay the outstanding amount of duty (that is the amount of duty which has not been paid by the 31st day of March, 1998) along with 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; and (ii) a penalty equal to such outstanding amount of duty or five thousand rupees, whichever is greater."; (b) under the Heading "II. Total amount of duty liability for a financial year subsequent to 1997-98", 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, of the relevant financial year, he shall be liable to, - (i) pay the outstanding amount of duty (that is the amount of duty which has not been paid by the 31st day of March of the relevant financial year) along with interest thereon at the rate of eighteen per cent per annum on such outstanding amount, calculated for the period from the 1st day of April, of the immediately succeeding financial year till the date of actual payment of the whole of outstanding amount; and (ii) a penalty equal to such outstanding amount of duty or five thousand rupees, whichever is greater."; (B) after sub-rule (1), the following sub-rule shall be inserted, namely :- "(1A) If any manufacturer removes any of the non-alloy steel hot re-rolled products specified in sub-rule (1) without complying with the requirements of that sub-rule, then all such goods shall be liable to confiscation and the manufacturer shall be liable to a penalty not exceeding three times the value of such goods, or five thousand rupees, whichever is greater."; (C) in sub-rule (3), for the third proviso, the following proviso shall be substituted, namely :- "Provided also that where a manufacturer fails to pay the whole of the amount payable for any month by the 10th day of such month, he shall be liable to, - (i) pay 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 such outstanding amount of duty or five thousand rupees, whicheyer is greater."; Retrospective Amendment to this notification vide Finance (No. 2) Act, 2009 as Sl. No. Notification number and date Amendment Date of effect of amendment 3. G.S.R. 130(E), dated the 10th March, 1998 [7/1998-Central Excise (N.T.), dated the 10th March, 1998]. In the said notification, in the preamble, for the words and figures "powers conferred by section 37", the words, figures and letter "powers conferred by section 3A read with section 37" shall be substituted. 10th March, 1998