Clause 60 - Substitution of new section for section 11A- Recovery of duties not levied or not paid or short-levied or short-paid or erroneously refunded.
Finance Bill, 2011 Chapter IV - Part 2 Indirect Taxes - Excise
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Recovery of Excise Duties: one- and five-year notice regimes with pre-payment options limiting penalties and prescribing interest. Section 11A prescribes recovery procedures for omitted, short-paid or erroneously refunded excise duties: non-fraud cases attract a one-year show-cause period with a pre-payment option (duty plus interest) that bars subsequent notice for the amount paid; fraud-related or intent-to-evade cases permit a five-year notice with duty, interest and penalty equal to duty; audit findings where records exist attract a five-year notice with fifty per cent penalty, while a pre-notice payment option permits interest plus a monthly penalty capped at twenty-five per cent; limitation periods exclude judicial stays and appellate modifications adjust interest and penalties.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Recovery of Excise Duties: one- and five-year notice regimes with pre-payment options limiting penalties and prescribing interest.
Section 11A prescribes recovery procedures for omitted, short-paid or erroneously refunded excise duties: non-fraud cases attract a one-year show-cause period with a pre-payment option (duty plus interest) that bars subsequent notice for the amount paid; fraud-related or intent-to-evade cases permit a five-year notice with duty, interest and penalty equal to duty; audit findings where records exist attract a five-year notice with fifty per cent penalty, while a pre-notice payment option permits interest plus a monthly penalty capped at twenty-five per cent; limitation periods exclude judicial stays and appellate modifications adjust interest and penalties.
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