THE PROVISIONAL COLLECTION OF TAXES ACT, 2023

NO. 50 OF 2023

[28th December, 2023.]

An Act to provide for the immediate effect 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.

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EXTRAORDINARY

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PART II — Section 1

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PUBLISHED BY AUTHORITY

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NEW DELHI, FRIDAY, DECEMBER 29, 2023/PAUSHA 8, 1945 (SAKA)

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Separate paging is given to this Part in order that it may be filed as a separate compilation.

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REGISTERED NO. DL—(N)04/0007/2003—23

MINISTRY OF LAW 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:—

सी.जी.-डी.एल.-अ.-29122023-250963

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 effect 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 sub-section

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 EXTRAORDINARY

[PART II—SEC. 1]

—————

S.K.G. RAHATE,

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 PUBLICATIONS, DELHI–110054.

Kshitiz Mohan

Digitally signed by Kshitiz Mohan

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Date: 2023.12.29 21:12:16 +05'30'