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THE CENTRAL EXCISE ACT, 1944
 
 


  

SECTION 12. Application of the provisions of [Act No. 52 of 1962] to Central Excise Duties. -  The Central Government may, by notification in the Official Gazette, declare that any of the provisions of the Customs Act, 1962 (52 of 1962), relating to the levy of and exemption from customs duties, drawback of duty, warehousing, offences and  penalties, confiscation, and procedure relating to offences and appeals shall, with such modifications and alterations as it may consider necessary or desirable to adapt them to the circumstances, be applicable in regard to like matters in respect of the duties imposed by section 3 and section 3A


SECTION 12A. Price of goods to indicate the amount of duty paid thereon.  — Notwithstanding anything contained in this Act or any other law for the time being in force, every person who is liable to pay duty of excise on any goods shall, at the time of clearance of the goods, prominently indicate in all the documents relating to assessment, sales invoice, and other like documents, the amount of such duty which will form part of the price at which such goods are to be sold.

 


SECTION 12B.  Presumption that the incidence of duty has been passed on to the buyer. — Every person who has paid the duty of excise on any goods under this Act shall, unless the contrary is proved by him, be deemed to have passed on the full incidence of such duty to the buyer of such goods.

 


SECTION 12C. Consumer Welfare Fund. —

 

(1) There shall be established by the Central Government a fund, to be called the Consumer Welfare Fund.

(2)  There shall be credited to the Fund, in such manner as may be prescribed, -

(a)    the  amount of duty of excise  referred  to  in  sub-section (2) of section 11B or sub-section (2) of section 11C or sub-section (2) of section 11D;

(b)    the amount of duty of customs referred to in sub-section (2) of section 27 or sub-section (2) of section 28A, or sub-section (2) of section 28B of the Customs Act, 1962 (52 of 1962);

(c)    any income from investment of the amount credited to the Fund and any other monies received by the Central Government for the purposes of this Fund.

(d)    the surplus amount referred to in sub-section (6) of section 73A of the Finance Act, 1994 (32 of 1994).


SECTION 12D. Utilisation of the Fund. — (1) Any money credited to the Fund shall be utilised by the Central Government for the welfare of the consumers in accordance with such rules as that Government may make in this behalf.

(2)  The Central Government shall maintain or, if it thinks fit, specify the authority which shall maintain, proper and separate account and other relevant records in relation to the Fund in such form as may be prescribed in consultation with the Comptroller and Auditor-General 

 

CHAPTER III

 

POWERS AND DUTIES OF OFFICERS AND LANDHOLDERS

 

SECTION 12E Powers of Central Excise Officers. — (1) A Central Excise Officer may exercise the powers and discharge the duties conferred or imposed under this Act on any other Central Excise Officer who is subordinate to him.

 

(2) Notwithstanding anything contained in sub-section (1), the Commissioner of Central Excise (Appeals) shall not exercise the powers and discharge the duties conferred or imposed on a Central Excise Officer other than those specified in section 14 or Chapter VIA.

 

SECTION 12F Power of search and seizure.—   (1) Where the Joint Commissioner of Central Excise or Additional Commissioner of Central Excise has reasons to believe that any documents or books or things, which in his opinion shall be useful for or relevant to any proceedings under this Act, are secreted in any place, he may authorise in writing any Central Excise Officer to search and seize or may himself search and seize such documents or books or things.

 

 

(2) The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure, shall, so far as may be, apply to search and seizure under this section as they apply to search and seizure under that Code.

 

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