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76. Amendment of section 11D. |
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In section 11D of the Central Excise 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 and paid on any excisable goods or has collected any amount as representing duty of excise on any excisable 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 76 seeks to amend section 11D of the Central Excise Act so as to insert a new sub-section therein to enable the Central Government to collect any amount collected by any person representing as duty of excise in excess of the duty assessed or determined and paid on any excisable goods, and also to collect any amount collected by any person as representing duty of excise on any excisable 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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