Parliament Parliament of India
Bill allows immediate duty hikes without legislative approval
This Bill allows the Central Government to make provisions for increasing customs or excise duties take effect immediately when a Bill is introduced in Parliament, rather than waiting for the full legislative process to complete.
It replaces the older Provisional Collection of Taxes Act, 1931.
Who it concerns: The Central Government (which makes the declaration), Parliament (which introduces the Bill and can pass motions to stop the effect), and taxpayers or businesses subject to customs or excise duties (who may have to pay duties immediately and potentially receive refunds).
What the bill does
- The Central Government can insert a declaration in a Bill stating that it is expedient in the public interest for duty increases to have immediate effect.
- A declared provision has the force of law immediately after the day the Bill is introduced.
- The immediate effect ceases when the provision becomes an enactment, when the Central Government directs it to cease via a Parliamentary motion, or after 75 days from the Bill's introduction.
- Refunds must be made if the final enacted duty rate is lower than the provisional rate, or if the provisional provision ceases to have force of law before enactment.
- The Provisional Collection of Taxes Act, 1931 is repealed.
Also in the document
- The Bill repeals the Provisional Collection of Taxes Act, 1931.
- The Financial Memorandum states the provisions do not involve any expenditure from the Consolidated Fund of India.
Where this bill is now: Passed both houses — awaiting assent
How this was written
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The original document
Parliament of India — Bills (Lok Sabha & Rajya Sabha)
Bill / law · Ref. 158 · 19 Dec 2023
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