Act 1 of 1944

The Central Excise Act, 1944

An Act to consolidate and amend the law relating to central duties of excise 2* * *

  • Ministry of Finance
  • Department of Revenue
  • Enacted 1944-02-24
  • 130 sections
SectionTitle
1 Short title, extent and commencement.Read
2 Definitions.Read
2A References of certain expressions.Read
3 Duty specified in the Fourth Schedule to be levied.Read
3A Power of Central Government to charge excise duty on the basis of capacity of production in respect of notified goods.Read
3B Emergency power of Central Government to increase duty of excise.Read
3C Power of Central Government to amend Fourth Schedule.Read
4 Valuation of excisable goods for purposes of charging of duty of excise.Read
4A Valuation of excisable goods with reference to retail sale price.Read
5 Remission of duty on goods found deficient in quantity.Read
5A Power to grant exemption from duty of excise.Read
5B Non-reversal of CENVAT credit.Read
6 Registration of certain persons.Read
7 [Omitted.].Read
8 Restriction on possession of goods specified in the Second Schedule .Read
9 Offences and penalties.Read
9A Certain offences to be non-cognizable.Read
9AA Offences by companies.Read
9B Power of Court to publish name, place of business, etc., of persons convicted under the Act.Read
9C Presumption of culpable mental state.Read
9D Relevancy of statements under certain circumstances.Read
9E Application of Section 562 of the Code of Criminal Procedure, 1898, and of the Probation of Offenders Act, 1958.Read
10 Power of Courts to order forfeiture.Read
11 Recovery of sums due to Government.Read
11A Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.Read
11AA Interest on delayed payment of duty.Read
11AC Penalty for short-levy or non-levy of duty in certain cases.Read
11B Claim for refund of duty and interest, if any, paid on such duty.Read
11BB Interest on delayed refunds.Read
11C Power not to recover duty of excise not levied or short-levied as a result of general practice.Read
11D Duties of excise collected from the buyer to be deposited with the Central Government.Read
11DD Interest on the amounts collected in excess of the duty.Read
11DDA Provisional attachment to protect revenue in certain cases.Read
11E Liability under Act to be first charge.Read
12 Application of the provisions of Act 52 of 1962 to Central Excise Duties.Read
12A Price of goods to indicate the amount of duty paid thereon.Read
12B Presumption that the incidence of duty has been passed on to the buyer.Read
12C Consumer Welfare Fund.Read
12D Utilisation of the Fund.Read
12E Powers of Central Excise Officers.Read
12F Power of search and seizure.Read
13 Power to arrest.Read
14 Power to summon persons to give evidence and produce documents in inquiries under this Act.Read
14A Special audit in certain cases.Read
14AA Special audit in cases where credit of duty availed or utilised is not within the normal limits, etc.Read
15 Officers required to assist Central Excise Officers.Read
15A Obligation to furnish information return.Read
15B Penalty for failure to furnish information return.Read
16 [Omitted.].Read
17 [Omitted.].Read
18 Searches and arrests how to be made.Read
19 Disposal of persons arrested.Read
20 Procedure to be followed by officer-in-charge of police station.Read
21 Inquiry how to be made by Central Excise Officers against arrested persons forwarded to them under Section 19.Read
22 Vexatious search, seizure, etc., by Central Excise Officer.Read
23 Failure of Central Excise Officer in duty.Read
23A Definitions.Read
23B [Omitted.].Read
23C Application for advance ruling.Read
23D Procedure on receipt of application.Read
23E Applicability of advance ruling.Read
23F Advance ruling to be void in certain circumstances.Read
23G Powers of Authority.Read
23H Procedure of Authority.Read
23I Transitional provision.Read
24 [Omitted.].Read
25 [Omitted.].Read
26 [Omitted.].Read
27 [Omitted.].Read
28 [Omitted.].Read
29 [Omitted.].Read
30 [Omitted.].Read
31 Definitions.Read
32 Customs and Central Excise Settlement Commission.Read
32A Jurisdiction and powers of Settlement Commission.Read
32B Vice-Chairman to act as Chairman or to discharge his functions in certain circumstances.Read
32C Power of Chairman to transfer cases from one Bench to another.Read
32D Decision to be by majority.Read
32E Application for settlement of cases.Read
32F Procedure on receipt of an application under Section 32-E.Read
32G Power of Settlement Commission to order provisional attachment to protect revenue.Read
32H Power of Settlement Commission to reopen completed proceedings.Read
32I Powers and procedure of Settlement Commission.Read
32J Inspection, etc., of reports.Read
32K Power of Settlement Commission to grant immunity from prosecution and penalty.Read
32L Power of Settlement Commission to send a case back to the Central Excise Officer.Read
32M Order of settlement to be conclusive.Read
32N Recovery of sums due under order of settlement.Read
32O Bar on subsequent application for settlement in certain casesRead
32P Proceedings before Settlement Commission to be judicial proceedings.Read
32PA [Omitted.].Read
33 Power of adjudication.Read
33A Adjudication procedure.Read
34 Option to pay fine in lieu of confiscation.Read
34A Confiscation or penalty not to interfere with other punishments.Read
35 Appeals to Commissioner (Appeals).Read
35A Procedure in appeal.Read
35B Appeals to the Appellate Tribunal.Read
35C Orders of Appellate Tribunal.Read
35D Procedure of Appellate Tribunal.Read
35E Powers of Committee of Principal Chief Commissioner of Central Excise or Chief Commissioners of Central Excise or Principal Commissioner of Central Excise or Commissioners of Central Excise to pass certain ordersRead
35EA Powers of revision of Board or Principal Commissioner of Central Excise or Commissioner of Central Excise in certain cases.Read
35EE Revision by Central Government.Read
35F Deposit of certain percentage of duty demanded or penalty imposed before filing appeal.Read
35FF Interest on delayed refund of amount deposited under Section 35-F.Read
35G [Omitted.].Read
35H [Omitted.].Read
35I [Omitted.].Read
35J [Omitted.].Read
35K Decision of High Court or Supreme Court on the case stated.Read
35L Appeal to Supreme Court.Read
35M Hearing before Supreme Court.Read
35N Sums due to be paid notwithstanding reference, etc.Read
35O Exclusion of time taken for copy.Read
35P Transfer of certain pending proceedings and transitional provisions.Read
35Q Appearance by authorised representative.Read
35R Appeal not to be filed in certain cases.Read
36 Definitions.Read
36A Presumption as to documents in certain cases.Read
36B Admissibility of microfilms, facsimile copies of documents and computer printouts as documents and as evidence.Read
37 Power of Central Government to make rules.Read
37A Delegation of powers.Read
37B Instructions to Central Excise Officers.Read
37C Service of decisions, orders, summons, etc.Read
37D Rounding off of duty, etc.Read
37E Publication of information respecting persons in certain cases.Read
38 Publication of rules and notifications and laying of rules before Parliament.Read
38A Effect of amendments, etc. of rules, notifications or orders.Read
39 Repeal of enactments.Read
40 Protection of action taken under the Act.Read
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