Section 161 - Amendment of notification issued under sub-section (4) of section 15 of the Oil Industry (Development) Act read with section 5A of the Central Excise Act
Finance Act, 2002 Chapter VII Miscellaneous
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Retrospective exemption validates prior actions and mandates refunds with a limited claim period following assent. The amendment declares notification No. S.O. 417(E) to be retrospectively effective from 1 March 2002, validating all actions taken under it and treating the Central Government as having retrospectively possessed power to exempt specified goods. It mandates refund of excise duties collected that would not have been due had the exemption applied, sets a one year limit for refund claims from the Finance Bill's assent, and removes criminal liability for acts that would not be offences had the notification been retroactively effective.
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.
Retrospective exemption validates prior actions and mandates refunds with a limited claim period following assent.
The amendment declares notification No. S.O. 417(E) to be retrospectively effective from 1 March 2002, validating all actions taken under it and treating the Central Government as having retrospectively possessed power to exempt specified goods. It mandates refund of excise duties collected that would not have been due had the exemption applied, sets a one year limit for refund claims from the Finance Bill's assent, and removes criminal liability for acts that would not be offences had the notification been retroactively effective.
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