Latest Expert Exchange Queries

Make your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TDS :: ACCOUNTING STANDARDS :: Central Excise rule to resale the machines to a new company :: ARTICLES ON INPUT TAX CREDIT IN VAT :: VAT RATES :: VAT Audit :: form 3cd :: empanelment :: TAX RATES - GOODS TAXABLE @ 4% :: articles on VAT and GST in India :: cpt :: ACCOUNTING STANDARD :: list of goods taxed at 4% :: due date for vat payment
 
 
Customs and Excise »
 Central Excise Rules, 2017 – Part I
 Allocate the charges amongst the Members of the Central Board of Excise and Customs
  Constitution of Review Committees of the Chief Commissioners of Central Excise and Service Tax-Regd.
 4 new members appointed in Central Board of Excise and Customs
 Constitution of Review Committees of the Chief Commissioners of Central Excise and Service Tax-Regd.
 Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017
 Central Board of Excise and Customs to soon notify new procedural framework
 CBEC set to be Central Board of Indirect Taxes and Customs
 Govt to give customs, excise duty benefits to boost solar rooftop sector
 Clarification regarding posting of Central Excise officer in Cigarette units-reg.
 Ensure transparency in excise department working: Bizmen to government

Central Board of Excise and Customs to plead Supreme Court for relook at verdict on bailable offences
October, 16th 2013

The Central Board of Excise and Customs will make a last-ditch effort to convince the Supreme Court to reconsider its judgement which held that offences under the Customs Act are bailable and an accused cannot be arrested without a warrant.

A review petition filed by the Department of Revenue, under which the Board functions, in August this year was rejected by the apex court which said there was no reason to interfere with the impunged order.

Sources said the revenue department has now decided to file a curative petition before the Supreme Court with the plea that its judgement is "not in consonance" with the provisions of the Customs Act and the Central Excise Act.

The department feels that if the September 2011 judgement of the apex court is not reviewd, it will effect a large number of cases where show cause notices have been issued.

It believes that the offences under the Customs Act cannot be said to be bailable as a customs officer has the power to arrest a person without a warrant.

The apex court had held that offences under the two Acts are bailable. It also said that if a person seeks bail, he will be released on bail in accordance with Section 104 (3) of the Customs Act if he is not wanted in any other case.

The court gave the verdict while examining questions as to whether all offences under the Customs Act and the Central Excise Act are bailable or not.

In its verdict, the Supreme Court had held, "...We are of the view that the offences under the 1944 Act cannot be equated with offences under the Indian Penal Code which have been made non-cognizable and non-bailable."

"Language of the Scheme of 1944 Act seems to suggest that the main object of the enactment of the said Act was the recovery of excise duties and not really to punish for infringement of its provisions," the bench had said.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Wholesale Silver Jewelry

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions