New Clause defining ‘cable TV network’ is proposed to be inserted after clause 5:

“(5A) ‘Cable TV network’ means a person, a company, a firm, an establishment or an organization involved in collection and distribution or dissemination of audio-video signals for public viewing whether through a cable, MMDS, LMDS or DTH (through satellite receiver); and

Clause (34), is proposed to be substituted by the following:

“(34) ‘Shipping agent’ means a person, whether or not licensed under the Customs Act, 1969 (IV of 1969), or the rules made thereunder, who provides or renders any service in relating to entrance or clearance of a conveyance at a customs port and issues Line or Carrier bill of lading or House bill of laiding, for or on behalf of a shipping line and includes Non-vessel Operating Common Carriers (NVOCC), Slot Carriers, Charters, International Freight Forwarders and Consolidators, rendering services in relation to import and export of cargo, whether independently or as subsidiary of shipping line, carriers and Non-vessel Operating Common Carriers (NVOCC).

In case of excisable goods or services notified under the third proviso to sub-section (1)—

(a) a registered person manufacturing or producing such goods or providing or rendering such services shall be entitled to deduct input tax paid during the tax period from the amount of duty of excise due from him on such goods or services in respect of that tax period;

(b) a registered person shall be entitled to deduct the amount of duty of excise paid or payable by him on such goods or services as are acquired by him during a tax period from the output tax due from him in respect of that tax period;

(c) a registered person supplying such goods or providing or rendering such services shall be entitled to deduct duty of excise paid or payable on such goods or services as are acquired by him during the tax period from the amount of duty of excise due from him on such goods manufactured or produced or services as are provided or rendered by him during that period; and

(d) a person shall be entitled to deduct duty of excise paid or payable, on such goods or services as are acquired by him during a month, from the amount of duty of excise due from him on such goods manufactured or produced or such services as are provided or rendered by him, during that month.

Explanation.- For the purposes of this proviso,

(a) the expression ‘person’ means a person manufacturing or producing excisable goods or providing or rendering excisable services notified under the third proviso to sub-section (1) of section 3;

(b) the expression ‘registered person’ means a person registered under the Sales Tax Act, 1990; and

The expressions ‘input tax’, ‘output tax’ and ‘tax period’ shall have the same meanings as are assigned to them in the Sales Tax Act, 1990.

for the second proviso, the following shall be substituted, namely: -

“Provided further that the Central Board of Revenue, so far as it appears to be necessary or expedient, may by a notification, in the official Gazette, fix the minimum price of any goods or class of goods, for the purpose of charging of the duty, which shall include the product cost, incidence of duty of excise, trade margins and cost of manufacturing or any other component as determined by the costing of products.”; and

after section 36C, the following new section shall be inserted, namely: -

“36D. Alternate Dispute Resolution. –

(1) Notwithstanding any other provision of this Act, or the rules made thereunder, any aggrieved person in connection with any matter of central excise pertaining to liability of central excise duty, additional duty, admissibility of refund or rebate, waiver or fixation of penalty or fine, confiscation of goods, relaxation of any time period or procedural and technical condition may apply to the Central Board of Revenue for the appointment of a committee for the resolution of any hardship or dispute mentioned in detail in the application.

(2) The Central Board of Revenue may, after examination of the application of an aggrieved person, appoint a committee consisting of an officer of central excise and one or two persons from a notified panel of Chartered or Cost Accountants, Advocates or reputable taxpayers for the resolution of hardship or the dispute.

(3) The committee constituted under sub-section (2) shall examine the issue and may, if it deems necessary, conduct inquiry, seek expert opinion, direct any officer of central excise or any other person to conduct an audit and make recommendations in respect of the resolution of dispute as it may deem fit.

(4) The Board may, on the recommendation of the committee, pass such order, as it may deem appropriate.

(5) The aggrieved person may make the payment of central excise duty and other taxes as determined by the Board in its order under sub-section (4) and all decisions, orders and judgments made or passed shall stand modified to that extent and all proceedings under this Act or the rules made thereunder by any authority or forum shall abate:

Provided that, in case the matter is already sub judice before any forum or tribunal or the court, an agreement made between the aggrieved person and the Board in the light of recommendations of the committee shall be submitted before that forum, tribunal or the court for consideration and order as deemed appropriate.

(6) In case the aggrieved person is not satisfied with the orders of the Board, he may file an appeal with the appropriate forum, tribunal or court under the relevant provisions of this Act within a period of sixty days of the order passed by the Board under this section has been communicated to the aggrieved person.

(7) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this section.

In the First Schedule, in Chapter 98, under heading “Services”, in the first column, after heading number 9802.4000 and the entries relating thereto in the second and third columns, the following new heading number and the entries relating thereto in second and third columns, shall be inserted, namely: -