Tax Commentary - Riaz Ahmad, Saqib, Gohar & Company

Federal Excise Act, 2005
Cigarettes seized on account of evasion of duty

Section : 27 (2)

Comments :

In case of cigarettes seized on account of evasion of duty, the owner shall be given an option to pay penalties and fines as provided under section 19 and meet other obligations as provided under other relevant provisions of the Act and rules made thereunder, for release of such cigarettes in lieu of confiscation provided that if such release is not claimed or availed, no reduction or abatement in respect of amounts of duty, penalties and fine shall be admissible in case such cigarettes are auctioned.

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	Monthly filing of return Return for change in rate of duty Revised return Zero rate of duty Draw back of duty Adjustment of excise duty paid Condition to take adjustment Default surcharge Rate of default surcharge Value of goods Value of services Value of imported goods Value of goods sold at retail price Indication of retail price Not required for sales tax registered Limit for recovery of unpaid duty Minimum period for record keeping Prescribed records Requirements as to invoices No separate invoice for tax & duty Failure to file a return For manipulation in stored data If retail price is not indicated Evasion of duty on cigarettes Power to arrest and prosecute Register of Arrests and Detention Officers shall assist Excise Officers Power to seize Confiscation of cigarettes Cigarettes seized on evasion of duty Power to release seized conveyance Appointment of excise officers Power of adjudication Minimum time to decide the case Appeals to Collector (Appeals) Appeals to the Appellate Tribunal Appeals to High Court Power to rectify mistakes in orders Alternate Dispute Resolution Claim in respect of refund of duty Claim for admissible adjustments Basis of computation of period Access to records of excise staff Postings of excise staff Departmental Audit Power of Collector to conduct audit Further proceedings may abate Appointment of audit firm Composite audit