9911796707
TMI BlogAmendment of section 28.X X X X Extracts X X X X X X X X Extracts X X X X ..... l apply to such supplementary notice as if it was issued under the said sub-section (1) or sub-section (4). ; (iii) in sub-section (9), (a) the words where it is possible to do so , at both the places where they occur, shall be omitted; (b) the following provisos shall be inserted, namely: Provided that where the proper officer fails to so determine within the specified period, any officer senior in rank to the proper officer may, having regard to the circumstances under which the proper officer was prevented from determining the amount of duty or interest under sub-section (8), extend the period specified in clause (a) to a further period of six months and the period specified in clause (b) to a further period of one year: Provided further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, the excess amount so refunded shall be recovered along with interest thereon at the rate fixed by the Central Government under section 28AA, from the date of refund up to the date of recovery, as a sum due to the Government. (10B) A notice issued under sub-section (4) shall be deemed to have been issued under subsection (1), if such notice demanding duty is held not sustainable in any proceeding under this Act, including at any stage of appeal, for the reason that the charges of collusion or any wilful mis-statement or suppression of facts to evade duty has not been established against the person to whom such notice was issued and the amount of duty and the interest thereon shall be computed accordingly. ; (vi) after Explanation 3, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be deemed as if no demand notice was issued. It also proposes to insert a new sub-section ( 9A ) therein, to provide for certain grounds on which the time limit of six months or one year shall remain suspended. It also proposes to insert a new sub-section ( 10A ) therein to provide that if the department successfully appeals against an erroneous refund, no demand notice shall be required to be issued to recover such excess refund along with interest, but the amount shall be recovered as a sum due to the Government. It also proposes to insert a new sub-section ( 10B ) therein, to provide safeguard that where the notice issued by invoking grounds of collusion, etc., is held not sustainable and consequently, the demand of duty for five ye ..... X X X X Extracts X X X X X X X X Extracts X X X X
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