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Core Purpose

Publication of the Provisional Collection of Taxes Act, 2023 (No. 50 of 2023), which received Presidential assent on 28th December 2023.

Detailed Summary

The Ministry of Law and Justice (Legislative Department) publishes for general information the Provisional Collection of Taxes Act, 2023 (No. 50 of 2023), which received the assent of the President on 28th December 2023. The Act provides for the immediate, limited-period effect of provisions in Bills relating to the imposition or increase of customs or excise duties. It defines a "declared provision" as a provision in a Bill for which a declaration has been made under Section 3; permits the Central Government to insert such declarations in Bills (Section 3); provides that a declared provision has the force of law from the day the Bill is introduced and ceases to have force upon enactment, upon a Government notification following a Parliamentary motion, or upon expiry of the 75th day after introduction, whichever is earliest (Section 4); provides for refunds of duties collected in excess of the final enacted rate, or upon cessation of a declaration, subject to specified limits (Section 5); and repeals the Provisional Collection of Taxes Act, 1931 (16 of 1931) (Section 6). Signed by S.K.G. Rahate, Secretary to the Govt. of India.

Full Text

THE PROVISIONAL COLLECTION OF TAXES ACT , 2023 NO. 50 OF 2023 [28th December , 2023 .] An Act to provide for the immediate ef fect for a limited period of provisions in Bills relating to the imposition or increase of duties of customs or excise. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1.This Act may be called the Provisional Collection of Taxes Act, 2023. 2.In this Act, a “declared provision” means a provision in a Bill in respect of which a declaration has been made under section 3.Short title. Definition.vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II—Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 58] ubZ fnYyh] 'kq Øokj] fnlEcj 29] 2023 @ikS"k 8] 1945 ¼'kd½ No. 58] NEW DELHI, FRIDA Y, DECEMBER 29, 2023/P AUSHA 8, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003—23 REGISTERED N O. DL—(N)0 4/000 7/200 3—23 MINISTR Y OF LA W AND JUSTICE (Legislative Department) New Delhi, the 29th December , 2023/ Pausha 8, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 28th December , 2023 and is hereby published for general information:— CG-DL-E-29122023-250963 3.Where a Bill to be introduced in Parliament on behalf of the Government provides for the imposition or increase of a duty of customs or excise with or without change in tariff classification, the Central Government may cause to be inserted in the Bill a declaration that it is expedient in the public interest that any provision of the Bill relating to such imposition or increase shall have immediate ef fect under this Act. 4. (1) A declared provision shall have the force of law immediately on the expiry of the day on which the Bill containing it is introduced. (2) A declared provision shall cease to have the force of law under the provisions of this Act— (a)when it comes into operation as an enactment, with or without amendment; (b)when the Central Government, in pursuance of a motion passed by Parliament, directs, by notification in the Official Gazette, that it shall cease to have the force of law; or (c)if it has not already ceased to have the force of law under clause ( a) or clause ( b), then on the expiry of the seventy-fifth day after the day on which the Bill containing it was introduced. 5. (1) Where a declared provision comes into operation as an enactment in an amended form before the expiry of the seventy-fifth day after the day on which the Bill containing it was introduced, refunds shall be made of all duties collected which would not have been collected if the provision adopted in the enactment had been the declared provision: Provided that the rate at which refunds of any duty may be made under this su b-sec tion shall not exceed the difference between the rate of such duty proposed in the declared provision and the rate of such duty in force when the Bill was introduced. (2) Where a declared provision ceases to have the force of law under clause ( b) or clause ( c) of sub-section ( 2) of section 4, refunds shall be made of all duties collected which would not have been collected if the declaration in respect of it had not been made. 6.The Provisional Collection of Taxes Act, 1931 is hereby repealed.Power of Central Government to make declaration. Effect of declarations under this Act, and duration thereof. Refunds to be made in certain cases. Repeal. 16 of 1931.2 THE GAZETTE OF INDIA EXTRAORDINAR Y [PART II—S EC. 1] ————— S.K.G. RAHA TE, Secretary to the Govt. of India. MGIPMRND—537GI(S3)—29-12-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–1 10054.

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