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Section 35EA – The Central Excise Act, 1944

The Central Excise Act, 1944

 

 

35EA. POWERS OF REVISION OF BOARD OR COMMISSIONER OF CENTRAL EXCISE IN CERTAIN CASES.

 

1[35EA. Powers of revision of Board or 2[Commissioner of Central Excise] in certain cases.—(1) The Board may, of its own motion or on the applica­tion of any aggrieved person or otherwise, call for and examine the record of any proceeding in which a 2[Commissioner of Central Excise] has passed any decision or order [not being a decision or order passed under sub-section (2) of this section] of the nature referred to in sub-section (5) of section 35E for the purpose of satisfying itself as to correctness, legality or propriety of such decision or order and may pass such order thereon as it thinks fit.

 

(2) The 2[Commissioner of Central Excise] may, of his own motion or on the application of any aggrieved person or otherwise, call for and examine the record of any proceeding in which an adjudi­cating authority subordinate to him has passed any decision or order of the nature referred to in sub-section (5) of section 35E, for the purpose of satisfying himself as to the correctness, legality or propriety of such decision or order and may pass such order thereon as he thinks fit.

 

(3) (a) No decision or order under this section shall be made so as to prejudicially affect any person unless such person is given a reasonable opportunity of making representation and if, he so desires, of being heard in his defence.

 

(b) Where the Board or, as the case may be, the 2[Commissioner of Central Excise] is of the opinion that any duty of excise has not been levied or has been short-levied or short-paid or erroneously refunded, no order requiring the affected person to pay any duty not levied or paid, short-levied or short-paid or erroneously refunded shall be passed under this section unless such person is given notice within the time limit specified in section 11A to show cause against the proposed order.

 

(4) No proceedings shall be initiated under sub-section (1) or sub-section (2) in respect of any decision or order after the expiry of a period of six months from the date of communication of such decision or order:

 

Provided that in respect of any decision or order passed before the commencement of the Customs and Central Excise Laws (Amend­ment) Act, 1987 (29 of 1988), the provisions of this sub-section shall have effect as if for the words “six months”, the words “one year” were substituted.

 

(5) Any person aggrieved by any decision or order passed under sub-section (1) or sub-section (2) may appeal to the Customs and Excise Revenues Appellate Tribunal established under section 3 of the Customs and Excise Revenues Appellate Tribunal Act, 1986 (62 of 1986), against such decision or order.]

 

Comments

 

Limitation

Where the Collector of Excise has been directed by the Central Board of Excise and Customs to file an appeal before the tribunal after the expiry of limitation period from the date of order of Collector, the appeal will be barred by limitation. When the appeal is being filed at the instance of the Board, the limitation starts from the date of Collector’s order and not from the date of its knowledge to the Board; Collector of Central Excise, Madras v. M.M. Rubber & Co., AIR 1991 SC 2141.

 

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1. Ins. by Act 29 of 1988, sec. 12 (w.e.f. 16-8-1988).

 

2. Subs. by Act 22 of 1995, sec. 70, for “Collector of Central Excise” (w.e.f. 26-5-1995).

 

 

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The Central Excise Act, 1944

 

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