{"act":{"id":"finance-act-2015","short_title":"The Finance Act, 2015","long_title":"An Act to give effect to the financial proposals of the Central Government for the financial year 2015-2016.","act_number":"20","act_year":2015,"enact_date":null,"enforcement_date":null,"ministry":"Ministry of Finance","department":"Department of Revenue","jurisdiction":"CENTRAL","unit":"section","section_count":165,"in_force":true,"spent":false,"spent_note":null,"duplicate_of":null,"text_source":"published","scan_url":null,"url":"https://indiacode.ecourtsindia.com/finance-act-2015/"},"unit":"section","section":{"number":"82","heading":"Amendment of section 28","text":"CHAPTER IV INDIRECT TAXES Customs Amendment of section 28 82 . In the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act), in section 28,— (a) | in sub-section (2), the following proviso shall be inserted, namely:— \"Provided that where notice under clause (a) of sub-section (1) has been served and the proper officer is of the opinion that the amount of duty along with interest payable thereon under section 28AA or the amount of interest, as the case may be, as specified in the notice, has been paid in full within thirty days from the date of receipt of the notice, no penalty shall be levied and the proceedings against such person or other persons to whom the said notice is served under clause (a) of sub-section (1) shall be deemed to be concluded.\"; (b) | in sub-section (5), for the words \"twenty-five per cent\", the words \"fifteen per cent\" shall be substituted; (c) | after Explanation 2, the following Explanation shall be inserted, namely:— \"Explanation 3.— For the removal of doubts, it is hereby declared that the proceedings in respect of any case of non-levy, short-levy, non-payment, short-payment or erroneous refund where show cause notice has been issued under sub-section (1) or sub-section (4), as the case may be, but an order determining duty under sub-section (8) has not been passed before the date on which the Finance Bill, 2015 receives the assent of the President, shall, without prejudice to the provisions of sections 135, 135A and 140, as may be applicable, be deemed to be concluded, if the payment of duty, interest and penalty under the proviso to sub-section (2) or under sub-section (5), as the case may be, is made in full within thirty days from the date on which such assent is received.\".","html":"<p>CHAPTER IV</p><p><b>INDIRECT TAXES</b></p><p><i>Customs</i></p><p><b> Amendment of section 28 </b></p><p><b> 82 </b>. In the Customs Act, 1962 (52 of 1962) (hereinafter referred to as the Customs Act), in section 28,—</p><div class=\"tablewrap\"><table class=\"dtable\"><tr><td>(<i>a</i>)</td><td></td><td>in sub-section (<i>2</i>), the following proviso shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"<b>Provided</b> that where notice under clause (<i>a</i>) of sub-section (<i>1</i>) has been served and the proper officer is of the opinion that the amount of duty along with interest payable thereon under section 28AA or the amount of interest, as the case may be, as specified in the notice, has been paid in full within thirty days from the date of receipt of the notice, no penalty shall be levied and the proceedings against such person or other persons to whom the said notice is served under clause (<i>a</i>) of sub-section (<i>1</i>) shall be deemed to be concluded.\";</td></tr><tr><td>(<i>b</i>)</td><td></td><td>in sub-section (<i>5</i>), for the words \"twenty-five per cent\", the words \"fifteen per cent\" shall be substituted;</td></tr><tr><td>(<i>c</i>)</td><td></td><td>after <i>Explanation 2</i>, the following <i>Explanation</i> shall be inserted, namely:—</td></tr><tr><td></td><td></td><td>\"<i>Explanation 3.—</i> For the removal of doubts, it is hereby declared that the proceedings in respect of any case of non-levy, short-levy, non-payment, short-payment or erroneous refund where show cause notice has been issued under sub-section (<i>1</i>) or sub-section (<i>4</i>), as the case may be, but an order determining duty under sub-section (<i>8</i>) has not been passed before the date on which the Finance Bill, 2015 receives the assent of the President, shall, without prejudice to the provisions of sections 135, 135A and 140, as may be applicable, be deemed to be concluded, if the payment of duty, interest and penalty under the proviso to sub-section (<i>2</i>) or under sub-section (<i>5</i>), as the case may be, is made in full within thirty days from the date on which such assent is received.\".</td></tr></table></div>","words":302,"text_source":"published"},"classification":[],"instruments":[],"judgments":[],"corresponds_to":[],"url":"https://indiacode.ecourtsindia.com/finance-act-2015/section/82/","note":null,"source_note":"Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument.","judgments_note":"Judgment holdings are the ratio decidendi as extracted from the order by eCourts India, reproduced unaltered. Reported judgments only.","licence":"Published with commentary and other original matter under s.52(1)(q)(ii), Copyright Act 1957."}