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Custom Act , 1969
Alternative Dispute Resolution
 
Section : 195C
 
Comments :

The proposed amendment seeks to specify following conditions on the basis of which a Committee for the resolution of dispute in appeal may be appointed on an application by the aggrieved person to the Board:

Dispute should pertain to:

  1. liability of customs-duty,
  2. admissibility of refund or rebate,
  3. waiver or fixation of penalty or fine,
  4. confiscation of goods,
  5. relaxation of any time period or procedural and technical condition, which is sub-judice in any Court of Law or an Appellate Authority,

Except in the cases where FIRs have been lodged or criminal proceedings initiated or where interpretation of question of law having larger revenue impact in the opinion of the Board is involved,

  1. and in any other matter by reasons given in writing,

It is further provided that the Committee should e constituted within thirty days of receipt of such application, consisting of an officer of customs and two persons from a notified panel of retired District and Sessions judge and retired judges of High Court or Chartered or Cost Accountants, Advocates, Tax consultants or reputable taxpayers for the resolution of the hardship or dispute. The Committee so constituted is required to give its recommendations within sixty days of its formation. Under the present provisions the limit of forty five days was specified.

 
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1
Preamble & Definitions
2
Goods dutibale
3
Levy of Fee and Service Charges
4
Minimal Duties Not To Be Demanded
5
Power to Defer Collection of Customs-Duty
6
Temporary Export of Imported Plant and Machinery
7
Power to Determine Value of Goods
8
Value Determined Not To Be Challenged
9
Provisional Determination of Liability
10
Power of Adjudication
11
Cognizance of Offences by Special Judges
12
Appeal to Special Appellate Court
13
Procedure in Appeal
14
Appellate Tribunal
15
Appeals to the Appellate Tribunal
16
Orders of Appellate Tribunal
17
Procedure of Appellate Tribunal
18
Alternative Dispute Resolution
19
Reference to High Court
20
Recovery of Government Dues
21
Power to Authorize Expenditure
22
Customs-House Agents to be Licensed
23
Maintenance of Record
24
Transition to Federal Board of Revenue
25
Special Surcharge
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