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Section 11 – The Central Excise Act, 1944

The Central Excise Act, 1944

 

 

11. RECOVERY OF SUMS DUE TO GOVERNMENT.

 

In respect of duty and any other sums of any kind payable to the Central Government under any of the provisions of this Act or of the rules made thereunder, 1[including the amount required to be paid to the credit of the Central Government under section 11D] the officer empowered by the 2[Central Board of Excise and Customs constituted under the Central Boards of Reve­nue Act, 1963 (54 of 1963)] to levy such duty or require the payment of such sums may deduct the amount so payable from any money owing to the person from whom such sums may be recoverable or due which may be in his hands or under his disposal or con­trol, or may recover the amount by attachment and sale of excisa­ble goods belonging to such person; and if the amount payable is not so recovered he may prepare a certificate signed by him specifying the amount due from the person liable to pay the same and send it to the Collector of the district in which such person resides or conducts his business and the said Collector, on receipt of such certificate, shall proceed to recover from the said person the amount specified therein as if it were an arrear of land revenue]:

 

3[Provided that where the person (hereinafter referred to as predecessor) from whom the duty or any other sums of any kind, as specified in this section, is recoverable or due, transfers or otherwise disposes of his business or trade in whole or in part, or effects any change in the ownership thereof, in consequence of which he is succeeded in such busniess or trade by any other person, all excisable goods, materials, preparations, plants, machineries, vessels, utensils, implements and articles in the custody or possession of the person so succeeding may also be attached and sold by such officer empowered by the Central Board of Excise and Customs, after obtaining written approval from the Commissioner of Central Excise, for the purposes of recovering such duty or other sums recoverable or due from such predecessor at the time of such transfer or otherwise disposal or change.]

 

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1. Ins. by Act 10 of 2000, sec. 96 (w.e.f. 12-5-2000).

 

2. Subs. by Act 54 of 1963, sec. 5, for “Central Board of Reve­nue” (w.e.f. 1-1-1964).

 

3. Ins. by Act 23 of 2004, sec. 80 (w.e.f. 10-9-2004).

 

 

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The Central Excise Act, 1944

 

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