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63. Amendment of section 28B. |
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In section 28B of the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act),—
(i) after sub-section (1), the following sub-section shall be inserted, namely:—
"(1A) Every person who has collected any amount in excess of the duty assessed or determined or paid on any goods or has collected any amount as representing duty of customs on any goods which are wholly exempt or are chargeable to nil rate of duty from any person in any manner, shall forthwith pay the amount so collected to the credit of the Central Government.";
(ii) in sub-section (2), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letter "sub-section (1) or sub-section (1A), as the case may be," shall be substituted;
(iii) in sub-section (4),—
(a) for the words, brackets and figures "sub-section (1) or sub-section (3)", the words, brackets, figures and letter "sub-section (1) or sub-section (1A) or sub-section (3), as the case may be," shall be substituted;
(b) for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letter "sub-section (1) and sub-section (1A)" shall be substituted.
Clause 63 seeks to amend section 28B of the Customs Act so as to insert a new sub-section therein to enable the Central Government to recover any amount collected by any person representing as duty of customs in excess of the duty assessed or determined or paid on any goods, and also to recover any amount collected by any person as representing duty of customs on any goods, which are wholly exempt or are chargeable to nil rate of duty. Accordingly, certain consequential amendments have been made in sub-sections (2) and (4) of the said section.
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